WHITAKER v. KIDD


136 A.D.2d 941 (1988)

Benjamin P. Whitaker, Jr., Respondent, v. Edmund L. Kidd, Appellant, et al., Defendant. (Appeal No. 2.)

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

January 29, 1988


Judgment unanimously reversed on the law and facts without costs and complaint dismissed.

Memorandum:

The trial court erred in failing to dismiss plaintiff's complaint based on defendant's discharge in bankruptcy. The parties were coguarantors of D. Peter Prosdorf's loan from Bankers Trust Company of Rochester. Prosdorf defaulted on the loan and Bankers Trust commenced an action against plaintiff, which was settled on March 12, 1979. On July 6, 1984 plaintiff...

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