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VALLEY STREAM NAT. BANK CO. v. ZABATTA

26 Misc.2d 17 (1960)

Valley Stream National Bank and Trust Company, Plaintiff, v. Michael T. Zabatta, Defendant and Third-Party Plaintiff. Muriel Zabatta et al., Third-Party Defendants.

Supreme Court, Special Term, Nassau County.

November 29, 1960

Attorney(s) appearing for the Case

Cahn & Cahn for defendant and third-party plaintiff. Braun & Rubin (Bernard B. Rubin of counsel), for third-party defendant.

MARIO PITTONI, J.

Motion, pursuant to rule 106 of the Rules of Civil Practice, to dismiss the third-party complaint against Muriel Zabatta is granted.

The plaintiff is the holder, by assignment from the third-party defendant, Frost Electronics Corp., of a retail installment contract, and seeks to recover the balance of the monthly payments due thereon. The third-party complaint alleges the cancellation...

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