GRUBERG v. McCARTHY


289 A.D.2d 915 (2001)

735 N.Y.S.2d 638

CY GRUBERG, Appellant, v. ANNMARIE S. McCARTHY, Respondent.

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

Decided December 27, 2001.


Peters, J.

On two occasions in October 1985, plaintiff made loans to Robert Sanzi in the amounts of $25,000 and $30,000. After an erratic payment history, Sanzi stopped making payments by 1991. On June 23, 1991, plaintiff met with defendant, Sanzi's wife as of 1987, to discuss Sanzi's default. At the conclusion of their meeting, defendant signed a handwritten document, drafted by plaintiff, which read, in part, as follows: "I, Ann Marie

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