MARINE MIDLAND BANK v. MALOY


174 A.D.2d 994 (1991)

Marine Midland Bank, N. A., Appellant, v. Don Maloy et al., Defendants, and Michael S. Puntillo, Respondent

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

June 7, 1991


Order unanimously reversed on the law without costs and motion granted.

Memorandum:

Supreme Court denied plaintiff's motion for summary judgment against defendant Michael Puntillo on a written guaranty, stating that there was an issue of fact whether plaintiff had made fraudulent misrepresentations, which induced defendant to sign the guaranty. We reverse and grant plaintiff's motion for summary judgment on the guaranty of the four notes.

The guaranty...

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