Rotuba Extruders, Inc. v. Ceppos

• Decision Date: 16 June 1977
• Citation: 396 N.Y.S.2d 1,58 A.D.2d 537
• Parties: The ROTUBA EXTRUDERS, INC., Plaintiff-Respondent, v. Kenneth CEPPOS et al., Defendants-Appellants.
• Court: New York Supreme Court — Appellate Division

Page 1

396 N.Y.S.2d 1

58 A.D.2d 537

The ROTUBA EXTRUDERS, INC., Plaintiff-Respondent, v. Kenneth CEPPOS et al., Defendants-Appellants.

Supreme Court, Appellate Division, First Department.

June 16, 1977.

M. L. Skala, New York City, for plaintiff-respondent.

B. Levy, New York City, for defendants-appellants.

Before MURPHY, P. J., and LUPIANO, EVANS, CAPOZZOLI and MARKEWICH, JJ.

MEMORANDUM DECISION.

Order, Supreme Court, New York County, entered January 19, 1977, unanimously reversed, on the law, and plaintiff's motion for partial summary judgment denied, with $60 costs and disbursements of this appeal to appellants. The notes in suit bear the signature of an individual defendant, naked of designation, above which is a corporate name. Further, the plural pronoun "we" is used to designate the maker. Thus a question of fact is inherent on the face of each note as to who is liable for payment.