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STRUBLE v. CHAPMAN

274 A.D.2d 922 (2000)

711 N.Y.S.2d 269

CRAIG STRUBLE, as Administrator of the Estate of ROBERT STRUBLE, Deceased, Plaintiff, v. COVERLY W. CHAPMAN, Defendant and Third-Party Plaintiff-Respondent. CHAPMAN AUTO SALES, INC., et al., Third-Party Defendants, and GEORGE WOLECKI, Third-Party Defendant-Appellant.

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

Decided July 27, 2000.

Peters, J.

This third-party action stems from defendant's execution and delivery of two promissory notes to Robert Struble (hereinafter decedent1) owner of a used car dealership. The first promissory note, dated February 6, 1989, was written on Chapman Auto Sales, Inc. (hereinafter CAS) letterhead, signed by defendant, the sole shareholder in CAS, in his individual capacity, promising to pay...

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