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Miller v. Smith

6 A.D.2d 841 Court N.Y. App. Div. Decision date 1958-06-30 English

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p. 841
Melvin Miller, Appellant, v. Theresa S. Smith, Defendant, and Herbert D. Stone, Respondent.

In an action by the payee against the maker and an accommodation indorser to recover upon a promissory note, the appeal is from so much of an order of the County Court, Westchester County, as denied a motion for summary judgment striking out the answer of the accommodation indorser. Order insofar as appealed from affirmed, with $10 costs and disbursements. No opinion. Nolan, P. J., Wenzel, Murphy, Hallinan and Kleinfeld, JJ., concur.