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MORDKOFSKY v. DIME SAV. BANK OF BROOKLYN

41 A.D.2d 675 (1973)

Norman J. Mordkofsky et al., Appellants, v. Dime Savings Bank of Brooklyn, Respondent, and Jeffrey Lewis et al., Defendants

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

February 26, 1973

Order affirmed insofar as appealed from, without costs.

No opinion.

Benjamin, J., dissents and votes to modify the order so as to deny the motion of defendant the Dime Savings Bank of Brooklyn to dismiss the complaint and for summary judgment and to strike from the order the provisions as to appointment of a Referee, with the following memorandum: I believe there are questions of fact...

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