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HOUCK v. MAY

99 A.D.2d 506 (1984)

Deward Houck, Appellant, v. Chester May et al., Respondents, et al., Defendant

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

January 16, 1984

Order affirmed insofar as appealed from, without costs or disbursements.

Since the loan agreements between the parties unmistakably refer to the individual defendants only, we agree with Special Term that an issue of fact exists as to the true identity of the borrower (see Schneider v Phelps, 41 N.Y.2d 238; Hoffman v Nashem Motors 20 N.Y.2d 513; Am-Elm Realty v Stivers,

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