FLEET BANK v. M & Z HEADWEAR, INC.


308 A.D.2d 507 (2003)

764 N.Y.S.2d 474

FLEET BANK, Formerly Known as NATIONAL WESTMINSTER BANK, N.A., Respondent, v. M & Z HEADWEAR, INC., et al., Appellants.

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

Decided September 22, 2003.


Ordered that the judgment is affirmed, with costs.

On its motion for summary judgment, the plaintiff established its prima facie entitlement to judgment as a matter of law by demonstrating that the defendant M & Z Headwear, Inc., defaulted on the loan agreement it had with the plaintiff and that the defendants Meilich Herskovitz and Miriam Herskovitz failed to meet their obligations as guarantors on the loan. In opposition to the motion, the defendants failed...

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