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FID. UNION TRUST CO. v. ROBERT J. BALL SALES, INC.

99 A.D.2d 436 (1984)

Fidelity Union Trust Company, Respondent, v. Robert J. Ball Sales, Inc., Defendant, and Hofor Tobacco Corporation, Appellant

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

January 12, 1984

The complaint in this matter alleges three causes of action against defendant Robert J. Ball Sales, Inc. (Ball) based upon $250,000 which plaintiff Fidelity advanced to Ball. The fourth cause of action is against Hofor as guarantor of said debt. Judgment has previously been entered against Ball and the remaining cause of action against Hofor severed. Although defendant Hofor originally pleaded five affirmative defenses in its answer, the first, fourth and fifth defenses were...

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