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CHASE MANHATTAN BANK v. POLIMENI

244 A.D.2d 220 (1997)

664 N.Y.S.2d 48

Chase Manhattan Bank, Respondent, v. Vincent M. Polimeni et al., Appellants

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

November 18, 1997

Summary judgment should have been granted in favor of defendant corporation. The two financial statements are, by their terms, on behalf of the individual defendant personally. A writing by one party cannot be considered the acknowledgement of the debt of another (see, Flaum v Birnbaum, 120 A.D.2d 183, 192-193). Since no part of either financial statement refers to the debt that is the subject of the third cause of action...

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