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MARINE MIDLAND BANK v. POULSON

199 A.D.2d 208 (1993)

606 N.Y.S.2d 3

Marine Midland Bank, N. A., Respondent, v. Robert J. Poulson, Jr., Appellant

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

December 28, 1993

Each of the notes, including the final one, identifies defendant as the obligor, and makes no mention that defendant was acting as the representative of FNS, his alleged disclosed principal. Thus, no triable issue of fact exists which would preclude the granting of summary judgment in this matter. Defendant is precluded from offering parol evidence to rebut this conclusion as there are no ambiguities on the face of the note. As...

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