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LORD v. MARINE MIDLAND TRUST CO.

61 Misc.2d 776 (1969)

Austin Lord, Plaintiff, v. Marine Midland Trust Company of Southern New York, Defendant.

Supreme Court, Special Term, Broome County.

December 11, 1969

Attorney(s) appearing for the Case

Remo A. Allio for plaintiff. Willsey, Meagher, Hummer, Madigan & Buckley (Jefferson F. Meagher of counsel), for defendant.

HOWARD A. ZELLER, J.

In this action to recover moneys, defendant has moved to dismiss the complaint for failure to state a cause of action. (CPLR 3211, subd. [a].) Plaintiff has moved for summary judgment in his favor for the amount requested in the complaint. (CPLR 3212.)

Early in 1969 plaintiff listed his one-family residence in the Town of Fenton, Broome County, New York with a licensed real estate broker for sale at the price of $23,900. As...

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