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MATTER OF BULLARD

153 Misc.2d 136 (1992)

In the Matter of Helen E. Bullard. Peter Bullard, as Trustee, Plaintiff, v. Bullard Orchards, Inc., Defendant.

Supreme Court, Saratoga County.

January 28, 1992

Attorney(s) appearing for the Case

Bartlett, Pontiff, Stewart, Rhodes & Judge, P. C. (H. Wayne Judge of counsel), for plaintiff. O'Connell & Aronowitz (Elaine M. Pers of counsel), for defendant.

LOREN N. BROWN, J.

The plaintiff in this litigation seeks to recover on two notes executed by the Bullard Orchards, Inc., promising to pay the Helen E. Bullard Trust the total sum of $99,969.69, plus interest. The action was commenced by service of a summons in lieu of complaint, in that the action is based upon an instrument for the payment of money only (CPLR 3213). The action was purportedly commenced by...

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