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ONEIDA NAT'L BANK v. GULLA

122 A.D.2d 590 (1986)

Oneida National Bank, Formerly Oneida National Bank and Trust Company of Central New York, Appellant, v. Frank Gulla, et al., Respondents

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

July 11, 1986

Order, insofar as appealed from, unanimously reversed, on the law, without costs, and motion denied.

Memorandum:

When the guarantee and mortgage, both executed September 22, 1977, and the note executed the following day are read together (see, 38 NY Jur, Mortgages and Deeds of Trust, § 66), there is a question of fact precluding summary judgment. Whether the parties intended the clause "any and all indebtedness...

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