DAYAN v. YURKOWSKI


238 A.D.2d 541 (1997)

656 N.Y.S.2d 689

Soleiman Dayan et al., Respondents, v. Joseph Yurkowski, Also Known as Joseph York, Appellant

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

April 28, 1997


Ordered that the judgment is reversed, on the law, with costs, and the plaintiffs' motion for summary judgment is denied.

In the fall of 1981, the plaintiffs advanced $70,000 to their daughter and son-in-law to help the couple purchase a house. At the closing, the plaintiffs' daughter and son-in-law executed a promissory note in which they jointly and severally agreed to be liable for payment of the principal, plus interest, on demand. Twelve years later, the plaintiffs...

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