Legal Opinion

State Bank v. McAuliffe

Appellate Division of the Supreme Court of the State of New York

Decided October 13, 1983PublishedCited by 17 opinions

1Opinion of the Court

— Appeal from an order of the Supreme Court at Special Term (Pennock, J.), entered August 19,1982 in Albany County, which, inter alia, denied plaintiff’s motion for summary judgment. Defendant executed three promissory notes payable to plaintiff bank as security for three separate loans. In exchange for one of the notes, plaintiff issued a cashier’s check payable to defendant for the full amount of the loan proceeds. In exchange for each of the other two notes, plaintiff issued a cashier’s check payable to defendant for a portion of the loan proceeds and credited the remainder against other…

2Cases cited5 opinions

  1. Freedman v. Chemical Construction Corp.New York Court of Appeals · 1977
  2. Moskowitz v. GarlockAppellate Division of the Supreme Court of the State of New York · 1965
  3. Kuehne & Nagel, Inc. v. BaidenNew York Court of Appeals · 1975
  4. Christie's (International) S. A. v. GugliardaAppellate Division of the Supreme Court of the State of New York · 1978
  5. Christie's (International) S. A. v. GugliardaAppellate Division of the Supreme Court of the State of New York · 1979

3Cited by17 opinions

  1. Munzer v. St. Paul Fire & Marine InsuranceAppellate Division of the Supreme Court of the State of New York · 1989
  2. State Bank of Albany v. McAuliffeAppellate Division of the Supreme Court of the State of New York · 1985
  3. Old Oak Realty, Inc. v. PolimeniAppellate Division of the Supreme Court of the State of New York · 1996
  4. Grimm Building Material Co. v. Russ Freeman Excavating, Inc.Appellate Division of the Supreme Court of the State of New York · 1993
  5. Lombardoni v. BoccaccioAppellate Division of the Supreme Court of the State of New York · 1990

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