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CITIBANK v. SCHAFFRAN

96 A.D.2d 726 (1983)

Citibank (New York State), N. A., Respondent, v. Saul Schaffran, Doing Business as S. S. & G. Construction Company, Defendant, and Joseph P. Mosey, Jr., Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

July 11, 1983

Order unanimously affirmed, with costs.

Memorandum:

Special Term granted a motion for summary judgment to plaintiff Citibank against defendant Schaffran for $31,973.99 and against defendant Mosey for $22,000 (CPLR 3213). Only defendant Mosey appeals. He argues that the guarantee he signed on October 4, 1978 was intended to guarantee payment of a bank note executed the same day by Schaffran to Citibank for $22,000 and that the note has been paid in full. Mosey...

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