Legal Opinion

Marine Midland Bank, N. A. v. Stanton

New York Supreme Court

Decided May 11, 1990PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

D. Bruce Crew, III, J.

Defendant moves for dismissal of plaintiff’s complaint on the grounds that it is barred by the applicable Statute of *427Limitations and that it fails to state a cause of action. Plaintiff cross-moves for summary judgment on the second cause of action, for leave to amend the complaint as to the first cause of action and to strike the affirmative defenses.

The essential facts in this action are not in dispute. On March 25, 1980 the defendant certified the signatures of Richard and Barbara Kurtz on an unlimited guarantee for the indebtedness of Campbell &…

2Cases cited10 opinions

  1. Schmidt v. Merchants Despatch Transportation Co.New York Court of Appeals · 1936
  2. Brown v. LockwoodAppellate Division of the Supreme Court of the State of New York · 1980
  3. Brick v. Cohn-Hall-Marx Co.New York Court of Appeals · 1937
  4. Victorson v. Bock Laundry Machine Co.New York Court of Appeals · 1975
  5. Aetna Life & Casualty Co. v. NelsonNew York Court of Appeals · 1986

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3Cited by2 opinions

  1. Rastelli v. GassmanAppellate Division of the Supreme Court of the State of New York · 1996
  2. DeBell v. Cousins, Inc.Appellate Division of the Supreme Court of the State of New York · 2003

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