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BK LEUMI TR v. MARINE MIDLAND

93 Misc.2d 41 (1977)

Bank Leumi Trust Company of New York, Respondent, v. Marine Midland Bank, Appellant. (And a Third-Party Action.)

Supreme Court, Appellate Term, First Department.

December 20, 1977

Attorney(s) appearing for the Case

David M. Berenson and Robert Wang for appellant. Parker Chapin Flattau & Klimpl (Stephen F. Harmon and Menachem J. Kastner of counsel), for respondent.

Concur: HUGHES, J. P., RICCOBONO and ASCH, JJ.

Per Curiam.

Order entered June 8, 1977 (MERCORELLA, J.), resettling order entered May 24, 1977, insofar as appealed from, and judgment entered April 26, 1977 (MERCORELLA, J.) reversed, with $10 costs, and plaintiff's motion for summary judgment denied.

Appeal from order entered April 21, 1977 (MERCORELLA, J.) dismissed, without costs, as academic. That order was superseded by the resettled order entered June...

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