MANUFACTURERS AND TRADERS

TRUST COMPANY,

Plaintiff,

-vs- Index #H-08094

LEO F. WOJNAROWSKI,

Defendant.

HODGSON, RUSS, ANDREWS,

WOODS & GOODYEAR

(Amy J. Vigneron, Esq.

of Counsel) for Plaintiff

DONALD H. MICHALAK, ESQ.

for Defendant

DECISION AND ORDER

GERACE, J.

The motion of plaintiff is denied, without prejudice. The Court is unable to read the exhibits attached to the affidavits. The Court cannot grant summary judgment on the unverified forms submitted after the motion was filed.

Defendant claims he signed the guarantee upon the representation that he was guaranteeing the sum of $1,000 VISA line of credit to his grandson up to one year up to $1,000 for car repairs; that this $1,000 was paid off in full. Plaintiff denies this. Defendant has no written proof.

Defendant does raise a question of fact although the papers the Court could read weigh heavily in favor of the lender.

Because the amount of the claim falls within the monetary jurisdiction of Dunkirk City Court, this Court hereby transfers this action to that Court for trial or other appropriate proceedings.

This is the DECISION AND ORDER of this Court. No further order is necessary.

No costs to any party.

Dated: November 7, 1994

Mayville, New York

JOSEPH GERACE

Justice of Supreme Court