MODERN KITCHENS v. DAMIANO


51 Misc.2d 264 (1966)

Modern Kitchens of Syracuse, Inc., Plaintiff, v. Thomas Damiano et al., Defendants.

Supreme Court, Special Term, Onondaga County.

June 29, 1966


Attorney(s) appearing for the Case

Love & Balducci for Marine Midland Trust Company of Central New York, defendant. Limpert, Kenny & Siracusa for plaintiff.


RICHARD J. CARDAMONE, J.

The defendant, Marine Midland Trust Company of Central New York (hereinafter called Marine Bank) moves for summary judgment on the grounds that there are no triable issues of fact alleged in the plaintiff's complaint against it.

Damiano, the other defendant herein, obtained a mortgage construction loan from the Marine Bank in connection with the building of the Eastern Hills Apartment Project. He hired Beattie as his general...

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