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TINICUM FIN. CORP. v. LORCH

226 A.D.2d 214 (1996)

640 N.Y.S.2d 756

Tinicum Financial Corp., Appellant, v. Ernest H. Lorch, Respondent

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

April 16, 1996

Insofar as the other, earlier commenced action involves plaintiff's status as a holder in due course of the note, it puts in issue the enforceability of the note and guarantee sued upon herein, making a stay of the instant action an appropriate exercise of discretion (see, El Greco Inc. v Cohn, 139 A.D.2d 615, 616). The merits of the defenses to this action will not be considered...

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