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SORRENTINO v. FIRST NAT'L CITY BANK

40 A.D.2d 820 (1972)

Lucille Sorrentino, Respondent, v. First National City Bank, Appellant

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

November 30, 1972

Both causes of action arose from the same occurrence or series of occurrences and the witnesses in both actions will be substantially the same. The central issue in both the actions is: Did Sorrentino, while acting on behalf of her employer Jerdot, receive from First National City Bank $1,000 more than Jerdot was entitled to receive? The answer to that issue might well support National City Bank's setoff. The facts on which the Jerdot action is based will of necessity have...

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