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FID. NEW YORK v. HANOVER COS., INC.

148 A.D.2d 577 (1989)

Fidelity New York, FSB, Respondent, v. Hanover Companies, Incorporated, Appellant. Fidelity New York, FSB, Respondent, v. Gerald Guterman & Co., Appellant Fidelity New York, FSB, Respondent, v. Gerald Guterman, Appellant

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

March 20, 1989

Ordered that the order is affirmed, with costs.

In support of its motions for summary judgment in lieu of complaint (see, CPLR 3213), the plaintiff established its causes of action as a matter of law (see, Zuckerman v City of New York, 49 N.Y.2d 557), by proof of the promissory notes in question, and of nonpayment according to their terms (see, Seaman-Andwall Corp. v Wright Mach. Corp.,

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