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DIAMOND v. NORTH FORK BANCORPORATION, INC.

0226-06. Motion Sequence #2.

2008 NY Slip Op 31842 (U)

GOLDIE DIAMOND, Plaintiffs, v. NORTH FORK BANCORPORATION, INC. and ROBERT H. WITCOMB LANDSCAPE GARDENING, INC. and TEMCO BUILDING MAINTENANCE, INC., Defendant(s).

Supreme Court of the State of New York, Nassau County.

June 19, 2008.

Original Return Date: February 14, 2008.

Attorney(s) appearing for the Case

Scott J. Zlotolow, Esq., Attorney for Plaintiff, Westbury, NY.

Perez & Varvaro, Attn: Kathleen Queally Toher, Esq., Attorneys for Defendant North Fork Bank, Uniondale, NY.

Mazzara & Small, P.C., Attn: Perry T. Criscitelli, Esq., Attorneys for Defendant Robert Witcomb Landscaping Gardening, Hauppauge, NY.

Lester, Schwab, Katz & Dwyer, LLP, Attn: Lauren M. Massara, Esq., Attorneys for Defendant Temco Building Maintenance, New York, NY.

AMENDED SHORT FORM ORDER

THOMAS P. PHELAN, Judge.

Defendant, Robert H. Witcomb Landscape Gardening, Inc. ("Witcomb"), moves for summary judgment dismissing the complaint and any cross claims against it. Plaintiff and co-defendant, North Fork Bancorporation ("North Fork" or "the bank"), oppose the motion.

The standards for summary judgment are well settled. A court may grant summary judgment where there is no genuine issue of a material fact, and...

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