MFRS. & TRADERS TRUST CO. v. THIELMAN


92 A.D.2d 742 (1983)

Manufacturers and Traders Trust Company, Appellant, v. Paul H. Thielman et al., Respondents

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

February 28, 1983


Order unanimously reversed, without costs, plaintiff's motion for summary judgment granted and matter remitted to Supreme Court, Erie County, for a hearing to compute interest and counsel fees.

Memorandum:

On January 31, 1973 the plaintiff, Manufacturers and Traders Trust Co. (Bank) loaned $26,000 to Iron Island Enterprises of Buffalo, Inc. (the Corporation). The loan secured by a mortgage was for a term of five years, to expire on February 1, 1978, with interest...

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