Summary judgment on the note in issue is precluded by issues of fact. Plaintiff concedes his warranty "that the current outstanding operating expenses of both [corporations] do not exceed $50,000" is intertwined with defendant's obligation to pay the note. There are factual issues as to whether such amount was intended to include operating expenses that were already outstanding at the time the note was made (see, Van Wagner Adv. Corp. v S & M Enters.,
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CHERLIN v. EPSTEIN
261 A.D.2d 345 (1999)
690 N.Y.S.2d 432
MARTIN CHERLIN, Appellant, v. NORMAN M. EPSTEIN, Respondent.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
Decided May 27, 1999.
Decided May 27, 1999.
Appellate Division of the Supreme Court of the State of New York, First Department.
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