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Rotuba Extruders, Inc. v. Ceppos

58 A.D.2d 537 Court N.Y. App. Div. Decision date 1977-06-16 English

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p. 537
Rotuba Extruders, Inc., Respondent, v Kenneth Ceppos et al., Appellants.

— Order, Supreme Court, New York County, entered January 19, 1977, unanimously reversed, on the law, and plaintiff’s motion for partial summary judgment denied, with $60 costs and disbursements of this appeal to appellants. The notes in suit bear the signature of an individual defendant, naked of designation, above which is a corporate name. Further, the plural pronoun "we” is used to designate the maker. Thus a question of fact is inherent on the face of each note as to who is liable for payment. Concur —Murphy, P. J., Lupiano, Evans, Capozzoli and Markewich, JJ.