Marine Midland Bank v. Fairwood Associates

aKane, J. P.

Cross appeals from an order of the Supreme Court at Special Term (Conway, J.), entered August 30, 1985 in Albany County, which denied plaintiff’s motion for summary judgment and defendant’s cross motion for summary judgment dismissing the complaint.

Defendant is a New York limited partnership formed to construct and operate apartments in the Town of Guilderland, Albany County. Plaintiff commenced the instant action in 1976 to, inter alia, recover the balance due on four promissory notes executed in defendant’s name by defendant’s former managing general partners, David and Samuel…