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BARTICHECK v. FIDELITY UNION BANK/FIRST NAT. STATE

Civ. A. No. 86-201(AMW).

680 F.Supp. 144 (1988)

John E. BARTICHECK, David Carmel, Empire Emblem Co., Melvin Gittleman, Mark Gordon, Ellie Gordon, Dante Greco, Walter Hirschinger, Theodore Kahn, Muriel Kahn, Stanley Low, Peter Martin, Elissa Martin, Diane C. Natoli, Hobart Rauch, Howard M. Shiffman, Robert R. Schwartz, John J. Vas, Gary Wolkowitz, Sarah Wolkowitz, Al Atterman, Abraham Schlussel, and Morton Goetz, Plaintiffs, v. FIDELITY UNION BANK/FIRST NATIONAL STATE, a national banking association, Gary Flaker and Kevin Shanley, Defendants.

United States District Court, D. New Jersey.

February 22, 1988.

Attorney(s) appearing for the Case

Michael B. Wallstein, Gelman & McNish, P.C., Hackensack, N.J., for plaintiffs.

Mark E. Segall, Myerson & Kuhn, New York City, for defendants.

OPINION

WOLIN, District Judge.

Defendants' motion for summary judgment presents this court with the issue of whether a certain letter written by plaintiff, Ellie Gordon, to defendant bank constitutes a release as to the claims asserted by plaintiffs Gary and Sarah Wolkowitz and Mark and Ellie Gordon (collectively, the "Plaintiffs"), in their Second Amended Complaint dated as of November 17, 1986. The crux of defendants' motion is that Ellie Gordon acted...

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