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ESTATE OF CASTELLONE v. JP MORGAN CHASE BANK, N.A.

60 A.D.3d 621 (2009)

875 N.Y.S.2d 130

ESTATE OF JERRY CASTELLONE, Also Known as GENNARO J. CASTELLONE, Appellant, v. JP MORGAN CHASE BANK, N.A., et al., Respondents.

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

Decided March 3, 2009.

Ordered that the order is modified, on the law, by (1) deleting the provision thereof granting that branch of the defendants' motion which was to dismiss the complaint, and substituting therefor a provision denying that branch of the motion, (2) deleting the provision thereof granting that branch of the defendants' motion which was to compel the plaintiff to arbitrate and substituting therefor a provision granting that branch of the motion to the extent of directing the plaintiff...

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