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GMAC v. NORSTAR BANK

141 Misc.2d 349 (1988)

General Motors Acceptance Corporation, Plaintiff, v. Norstar Bank, N. A., Defendant.

Supreme Court, Erie County.

September 8, 1988

Attorney(s) appearing for the Case

Nesper, McElvein, Ferber & DiGiacomo (Gabriel J. Ferber of counsel), for plaintiff. Jaeckle, Fleischmann & Mugel (Anthony J. LaTona of counsel), for defendant.

JOSEPH D. MINTZ, J.

Plaintiff moves for summary judgment and defendant cross-moves for summary judgment in this action which centers upon the competing claims in a deposit account in defendant bank titled in Murphy Oldsmobile, Inc. (hereinafter Murphy). Plaintiff claims priority as a secured creditor, and defendant denies plaintiff's security interest in the account and claims its right of setoff.

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