Miller v. Smith

Court: Appellate Division of the Supreme Court of the State of New York
Date filed: 1958-06-30
Citations: 6 A.D.2d 841, 176 N.Y.S.2d 932, 1958 N.Y. App. Div. LEXIS 5365
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Lead Opinion

In an action by the payee against the maker and an accommodation indorser to recover upon a promissory note, the appeal is from so much of an order of the County Court, Westchester County, as denied a motion for summary judgment striking out the answer of the accommodation indorser. Order insofar as appealed from affirmed, with $10 costs and disbursements. No opinion. Nolan, P. J., Wenzel, Murphy, Hallinan and Kleinfeld, JJ., concur.