Security National Bank of Long Island v. Estatio

Order of the Supreme Court, Nassau County, dated October 5, 1967, which denied plaintiff’s motion for summary judgment, reversed, on the law, with $10 costs and disbursements; motion granted; and action remitted to said court for assessment of damages before the court without a jury, at a Trial Term, in accordance with CPLR 32Í2 (subd. [c]). In this action by a bank on guarantees executed by defendants to secure obligations owed by a corporation to the bank, no triable issue is raised by the guarantors’ defense and counterclaim based on duress, fraud and deceit allegedly practiced by the…