New Britain National Bank v. Baugh

Order entered October 24, 1968, reversed on the law, and partial summary judgment granted in favor of plaintiff against both defendants for the unpaid balance due on the note and according to its original tenor, with costs; iand further, judgment over in favor of the defendant Horgan against the defendant Baugh is similarly granted. This latter relief is accorded, although not requested, in order to avoid needless circuity of actions. The claim for counsel fees is severed and remanded to Special Term for an assessment of damages only. (Bank of New York v. Clavier Corp., 29 A D 2d 927.) The…