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BALDUCCI v. MERCHS. NAT. BANK

74 Misc.2d 406 (1972)

Ralph J. Balducci, Plaintiff, v. Merchants National Bank and Trust Company of Syracuse, Defendant and Third-Party Plaintiff. Hawk Sales Co., Inc., Third-Party Defendant.

Supreme Court, Onondaga County.

August 15, 1972

Attorney(s) appearing for the Case

Love, Balducci & Scaccia (Richard J. Brickwedde of counsel), for plaintiff. Melvin & Melvin (Herman L. Harding of counsel), for defendant and third-party plaintiff. Alderman, Alderman, Samuels & Schepp (Bernard Samuels of counsel), for third-party defendant.

RICHARD ARONSON, J.

In this action brought by plaintiff to recover from the defendant the amount of a check payable to plaintiff and certified by the defendant, the third-party defendant moves pursuant to CPLR 3212 for summary judgment dismissing both the complaint of the defendant and third-party plaintiff and that of the plaintiff. The plaintiff has cross-moved to dismiss or sever the third-party action and...

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