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BANDITREE, INC v. CALPO, INC.

146 A.D.2d 74 (1989)

Banditree, Inc., Appellant, v. Calpo, Inc., et al., Respondents

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

March 28, 1989.

Attorney(s) appearing for the Case

Frank H. Penski of counsel (Vicki L. Safran with him on the brief; Nixon, Hargrave, Devans & Doyle, attorneys), for appellant.

Barry J. Boxer of counsel (Rose & Boxer, attorneys), for respondent.

SULLIVAN, MILONAS and ELLERIN, JJ., concur.

KUPFERMAN, J. P.

Pursuant to the terms of a promissory note, dated December 2, 1985, the firm of Nixon, Hargrave, Devans & Doyle, in letters dated July 27, 1987, gave notice of default, on behalf of its client Banditree, Inc., to defendant Calpo, Inc., the maker, and defendants Tollman and Hundley, guarantors of the note. The letters stated that unless the default was cured within 10 days, the entire amount...

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