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MTB BANKING CORP. v. LEVY

211 A.D.2d 510 (1995)

621 N.Y.S.2d 351

MTB Banking Corporation, Appellant, v. Paul Levy et al., Respondents, et al., Defendant. (Action No. 1.) Bruce Holstein et al., Respondents, v. MTB Banking Corporation, Appellant, et al., Defendant. (Action No. 2.)

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

January 19, 1995

In this consolidated action seeking to recover upon guarantees of payment, the IAS Court properly determined that there are issues of fact as to whether plaintiff assumed fiduciary obligations by managing the defendant company and not maintaining the arm's length debtor-creditor relationship (see, Fallon v Wall St. Clearing Co., 182 A.D.2d 245, 250; Chimento Co. v Banco Popular, 208 A.D.2d 385

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