Duesler v. State Bank

Appeal from an order of the Supreme Court at Special Term, entered June ,15, 1972 in Montgomery County, which granted a motion by the defendants for summary judgment dismissing the complaint. The issues raised herein were disposed of upon the dismissal of the counterclaims in the prior action between these same parties (see State Bank of Albany v. Duesler, 41 A D 2d 1009), and that action is res judicata (see Granite Bond & Mtge. Corp. V. Hutchins, 225 App. Div. 412). Moreover, the defendant was not obligated to proceed against the security prior to demanding payment from plaintiff, and,…