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KOPINSKY v. GREEN POINT SAV. BANK

35 A.D.2d 977 (1970)

Samuel Kopinsky, Respondent, v. Green Point Savings Bank et al., Defendants, and Jamaica Savings Bank, Defendant and Third-Party Plaintiff-Appellant, et al., Third-Party Defendants

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

December 21, 1970

Order affirmed, with $10 costs and disbursements.

No opinion.

Martuscello, J., dissents and votes to reverse the order and to grant appellant's motion for summary judgment, with the following memorandum:

Plaintiff's unverified complaint alleged that appellant and the other two defendants, all banks, failed to exercise due care in the maintenance of plaintiff's funds, that plaintiff had $8,238.66 on deposit in the Green Point Savings Bank...

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