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CMTY. NAT'L BANK & TRUST CO. OF N.Y. v. I.M.F. TRADING, INC.

167 A.D.2d 193 (1990)

Community National Bank & Trust Co. of N. Y., Appellant, v. I.M.F. Trading, Inc., et al., Respondents

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

November 13, 1990

The action was brought pursuant to CPLR 3213 and is based on two separate obligations, the first evidenced by a demand promissory note dated January 12, 1989 in the amount of $110,000, and the second by a bank statement for the month of March 1989 showing defendant's bank account with plaintiff to be overdrawn in the amount of $135,113.44. IAS held that neither the promissory note nor the bank statement was an instrument for the...

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