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ALBANO v. ALBA CARTING CO., INC.

251 A.D.2d 273 (1998)

672 N.Y.S.2d 259

Vincent Albano, Respondent, v. Alba Carting Co., Inc., et al., Appellants, et al., Defendants

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

June 1, 1998

Ordered that the order is affirmed insofar as appealed from, with costs.

The appellants are the original corporate maker and the individual guarantors on a series of promissory notes held by the plaintiff. They contend that their obligations to pay the balance owed on the promissory notes were obviated by an alleged assumption of the notes by the defendant Duffy Disposal Co. They also contend for the first time on appeal...

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