WAMCO XVII, LTD. v. CHESTNUT ESTATES DEV. CORP.


251 A.D.2d 888 (1998)

674 N.Y.S.2d 523

Wamco Xvii, Ltd., Appellant, v. Chestnut Estates Development Corporation et al., Respondents

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

June 18, 1998


Yesawich Jr., J.

In this action for recovery of amounts allegedly due and payable pursuant to two promissory notes executed by defendant Chestnut Estates Development Corporation, payment of which was unconditionally guaranteed by the individual defendants, plaintiff moved for summary judgment in lieu of serving a complaint (see, CPLR 3213). In support of its motion, plaintiff — which purchased the notes from First Fidelity Bank N. A., a...

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