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BANK OF NEW YORK v. McLEAN

116 A.D.2d 546 (1986)

Bank of New York, Appellant, v. Michael G. McLean et al., Respondents, et al., Defendants

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

January 13, 1986

Order affirmed, with costs.

Plaintiff's complaint sought to recover $310,211.28 upon a written promissory obligation dated October 25, 1982, and upon written guarantees of the same. However, plaintiff thereafter moved for judgment upon 11 separate demand notes, a letter of credit and an accommodation check. Therefore, the inconsistencies which appear on the face of plaintiff's own papers prohibit the granting of summary...

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