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NORSTAR v. OFFICE CONTROL SYS

165 A.D.2d 265 (1991)

Norstar Bank of Upstate NY, Appellant, v. Office Control Systems, Inc., et al., Defendants, and Robert Winig, Respondent

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

February 28, 1991

Attorney(s) appearing for the Case

McNamee, Lochner, Titus & Williams, P. C. (Joseph M. Gaug of counsel), for appellant.

Caputo, Aulisi & Skoda (Richard T. Aulisi and Robert M. Cohen of counsel), for respondent.

MAHONEY, P. J., WEISS, CREW III and HARVEY, JJ., concur.

CASEY, J.

In December 1988, defendant Robert Winig (hereinafter defendant) borrowed $23,750 from plaintiff, which defendant used to purchase an interest in defendant Office Control Systems, Inc. (hereinafter OCS). In return for the loan, defendant executed a promissory note in favor of plaintiff and a guarantee. The note contained a cross-default provision which authorized plaintiff to accelerate the note and...

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