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Empire National Bank v. Gendell

Appellate Division of the Supreme Court of New York, Second Department
Oct 21, 1974
46 A.D.2d 672 (N.Y. App. Div. 1974)

Opinion

October 21, 1974


In an action to recover upon a promissory note, defendant appeals, as limited by her notice of appeal, from so much of an order of the Supreme Court, Orange County, entered February 7, 1974, as, after denying plaintiff's motion for summary judgment, struck out defendant's first affirmative defense. Order reversed insofar as appealed from, with $20 costs and disbursements. As a matter of pleading the first defense is sufficient (Uniform Commercial Code, § 3-305, subd. [2], par. [b]; Pioneer Credit Corp. v. Bon Bon Cleaners Corp., 38 A.D.2d 743; First Nat. Bank of Odessa v. Fazzari, 10 N.Y.2d 394). Latham, Acting P.J., Shapiro, Cohalan, Brennan and Benjamin, JJ., concur.


Summaries of

Empire National Bank v. Gendell

Appellate Division of the Supreme Court of New York, Second Department
Oct 21, 1974
46 A.D.2d 672 (N.Y. App. Div. 1974)
Case details for

Empire National Bank v. Gendell

Case Details

Full title:EMPIRE NATIONAL BANK, Respondent, v. HARRIET GENDELL, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 21, 1974

Citations

46 A.D.2d 672 (N.Y. App. Div. 1974)