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JONES v. GELLES

125 A.D.2d 794 (1986)

Nettie M. Jones, Appellant, v. Henry Gelles, Respondent, et al., Defendant. (And a Third-Party Action.)

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

December 18, 1986

Mahoney, P. J.

Plaintiff commenced this action to recover on a promissory note executed by defendant Edwin H. Weibrecht, Jr., and a personal guarantee of that note executed by defendant Henry Gelles. The amount outstanding was $533,000. The action as against Weibrecht was dismissed by virtue of a settlement and he is not a participant on this appeal.

The instruments being sued upon arose out of the July 15, 1977 sale by plaintiff of the stock...

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