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GERRITY CO. v. BONACQUISTI

136 A.D.2d 59 (1988)

Gerrity Company, Inc., on Behalf of Itself and All Others Similarly Situated, Respondent, v. Bonacquisti Construction Corporation, Defendant, and Norstar Bank of Upstate Ny, Formerly State Bank of Albany, Appellant

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

March 10, 1988

Attorney(s) appearing for the Case

McNamee, Lochner, Titus & Williams, P. C. (George F. Carpinello of counsel), for appellant.

Couch & Howard, P. C. (Mark W. Couch of counsel), for respondent.

MAHONEY, P. J., KANE and CASEY, JJ., concur; WEISS, J., not taking part.

LEVINE, J.

Commencing in 1983, defendant Bonacquisti Construction Corporation (hereinafter Bonacquisti) began borrowing from defendant Norstar Bank of Upstate NY (hereinafter Norstar) and its predecessor bank, State Bank of Albany, under an unsecured line of credit of $115,000, evidenced by demand notes. During the entire relevant period, Bonacquisti was a contractor in the construction industry and kept a general...

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