Relin v. Marine Midland Trust Co.

Appellate Division of the Supreme Court of New York

Relin v. Marine Midland Trust Co.

37 A.D.2d 913, 325 N.Y.S.2d 741, 1971 N.Y. App. Div. LEXIS 3155

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 28, 1971

StatusPublished

This text of 37 A.D.2d 913 (Relin v. Marine Midland Trust Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Relin v. Marine Midland Trust Co., 37 A.D.2d 913, 325 N.Y.S.2d 741, 1971 N.Y. App. Div. LEXIS 3155 (N.Y. Ct. App. 1971).

Pincite

Opinion

— Judgment and order unanimously reversed on the law and facts, with costs, and motion denied. Memorandum: A plenary trial is necessary to resolve factual issues presented involving the conditions under which plaintiff’s guarantee was given to defendant and whether it was only to apply should a third $50,000 loan, never advanced, he made, the extent of the indebtedness of Conelec, Inc., at the time plaintiff made his alleged offer to satisfy the entire indebtedness and the existence of an offer by plaintiff to defendant to satisfy the entire indebtedness of Conelec, Inc. (Appeal from judgment and order of Monroe Special Term granting summary judgment on counterclaim.) Present — Del Vecehio, J. P., Marsh, Witmer, Gabrielli and Cardamone, JJ.

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— Judgment and order unanimously reversed on the law and facts, with costs, and motion denied. Memorandum: A plenary trial is necessary to resolve factual issues presented involving the conditions under which plaintiff’s guarantee was given to defendant and whether it was only to apply should a third $50,000 loan, never advanced, he made, the extent of the indebtedness of Conelec, Inc., at the time plaintiff made his alleged offer to satisfy the entire indebtedness and the existence of an offer by plaintiff to defendant to satisfy the entire indebtedness of Conelec, Inc. (Appeal from judgment and order of Monroe Special Term granting summary judgment on counterclaim.) Present — Del Vecehio, J. P., Marsh, Witmer, Gabrielli and Cardamone, JJ.

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Bluebook (online)

37 A.D.2d 913, 325 N.Y.S.2d 741, 1971 N.Y. App. Div. LEXIS 3155, Counsel Stack Legal Research, https://law.counselstack.com/opinion/relin-v-marine-midland-trust-co-nyappdiv-1971.