88 A.D.2d 968 | N.Y. App. Div. | 1982
— Appeal by Joseph and Margaret Gazza, as plaintiffs in Action No. 1 and as defendants in Action No. 2, from so much of an order of the Supreme Court, Suffolk County (Mclnerney, J.), dated January 21, 1981, as denied their cross motion for summary judgment and granted the branch of United California Bank International’s motion which sought to consolidate the actions. Cross appeal by United California Bank International, as defendant in Action No. 1 and as plaintiff in Action No. 2, from so much of the same order as denied the branch of its motion which sought summary judgment. Order modified, on the law, by (1) deleting the provision granting the branch of United California Bank International’s motion which sought consolidation and substituting a provision denying that part of the motion, and (2) deleting the provision which denied th.e Gazzas’ cross motion for summary judgment and substituting a provision granting the cross motion to the extent that summary judgment is granted to the Gazzas dismissing Action No. 2 without prejudice to United California Bank International’s seeking leave to amend its answer in Action No. 1, and otherwise denying the cross motion. As so modified, order affirmed, without costs or disbursements. In July, 1970, United California Bank International approved a revolving line of credit for Rocke International Corporation in the amount of $500,000. Pursuant to the loan agreement, on July 10, 1970, Joseph Gazza, an officer and director of Rocke, and his wife, Margaret, executed a personal guarantee of Rocke’s indebtedness to the bank. Although