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TILDEN FIN. CORP. v. MUFFOLETTO

140 A.D.2d 603 (1988)

Tilden Financial Corp., Respondent, v. Richard Muffoletto, Appellant

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

May 23, 1988

Ordered that the order is reversed insofar as appealed from, with costs, and the motion is denied.

The defendant alleges that he did not execute the guarantee in question and that he was away on business at the time of the alleged execution. The Supreme Court erred in granting the plaintiff's motion for summary judgment since there is a triable issue of fact as to whether the defendant executed the guarantee (see, Keh Soo Park v White Eng'g Corp.,

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