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KEY BANK OF NEW YORK v. ANTON

283 A.D.2d 462 (2001)

724 N.Y.S.2d 640

KEY BANK OF NEW YORK, Plaintiff, v. KARL V. ANTON, JR., et al., Defendants. (Action No. 1.) WESTERN SURETY COMPANY, Appellant, v. PETER BODKIN, Respondent. (Action No. 2.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided May 14, 2001.

Ordered that the order is reversed, on the law, the motion is denied, and Action No. 2 is reinstated; and it is further,

Ordered that the clerk of the Supreme Court, Suffolk County, is directed to turn over all of the files in Action No. 2, entitled Western Surety Company v Bodkin, Index No. 09791/1999, to the clerk of the County Court, Suffolk County; and it is further,

Ordered that the appellant is awarded one bill of costs.

Action No. 1,...

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