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KOVIAN v. FULTON COUNTY NAT. BANK AND TRUST CO.

No. 86-CV-154.

857 F.Supp. 1032 (1994)

George KOVIAN, Hibjay Corp., Kelly Lumber Company, Inc., through its Trustees in Bankruptcy, Richard H. Weiner, Stephen Barker, Alfred Cheney, Gamray Technology, Inc., Columbia Rentals of Gloversville, Inc., Nagaho Construction Corp., Peter Gamaldi, and Patricia Gamaldi, Plaintiffs, v. The FULTON COUNTY NATIONAL BANK AND TRUST COMPANY, Charles Moyses, John Valerius, Vincent Salluzzo, Robert Salluzzo, Gleason and Salluzzo, Adirondack Homesites, Inc., Capital Medical Leasing Corporation, Hoye & Hoye, Theodore E. Hoye, Jr., and Charles Pratt, Defendants.

United States District Court, N.D. New York.

July 13, 1994.

Attorney(s) appearing for the Case

Oliver & Oliver, Albany, NY (Lewis B. Oliver, of counsel), for plaintiffs.

Hiscock & Barclay, Syracuse, NY (Thomas S. Brett and Judith M. Sayles, of counsel), for defendant Fulton County Nat. Bank and Trust Co.

Lomanto & Jung, Gloversville, NY (Edward S. Lomanto, of counsel), for defendant Charles Moyses.

James C. Hayes, Amsterdam, NY, for defendant John Valerius.

Lombardi, Reinhard, Walsh & Harrison, Albany, NY (Richard P. Walsh, of counsel), for defendants Vincent Salluzzo, Adirondack Homesites, Inc. and Capital Medical Leasing Corp.

Carter, Conboy, Bardwell, Case, Blackmore & Napierski, Albany, NY (John J. Phelan, III, of counsel), for defendants Robert Salluzzo and Gleason and Salluzzo.

Roche, Corrigan, McCoy & Bush, Albany, NY (Scott W. Bush, of counsel), for defendants Hoye & Hoye and Theodore E. Hoye, Jr.

Menter, Rudin & Trivelpiece, Syracuse, NY (Gerald J. Matthews, of counsel), for defendant Charles Pratt.

MEMORANDUM-DECISION & ORDER

MUNSON, Senior District Judge.

Before the court is a motion by defendant Charles Pratt for summary judgment pursuant to Federal Rule of Civil Procedure 56, dismissing as against him the claims of plaintiffs Hibjay Corporation, Stephen Barker, Alfred Cheney, and Kelly Lumber Company. Defendant Pratt further moves for costs and attorney's fees. Plaintiffs cross-move for sanctions pursuant to Federal Rule of Civil Procedure...

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