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ISLAND FEDERAL CREDIT UNION v. SMITH

60 A.D.3d 730 (2009)

875 N.Y.S.2d 198

ISLAND FEDERAL CREDIT UNION, Appellant, v. GERALD J. SMITH et al., Respondents.

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

Decided March 10, 2009.

Ordered that the order is reversed, on the law, with costs, that branch of the defendants' motion which was for summary judgment dismissing the complaint is denied, and the plaintiff's cross motion for summary judgment dismissing the defendants' counterclaims is granted.

In 1996, Bernard J. Mallon died and his will named Gerald K. Smith (hereinafter the Elder Smith) executor of his estate. On August 20, 1997, the Elder Smith...

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