Miller v. Smith ( 1958 )

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.