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MARINE MIDLAND v. CONERTY PONTIAC-B'CK

77 Misc.2d 311 (1974)

Marine Midland Bank-Eastern National Association, Plaintiff, v. Conerty Pontiac-Buick, Inc., et al., Defendants.

Supreme Court, Special Term, Albany County.

February 11, 1974

Attorney(s) appearing for the Case

Martin, Noonan, Hislop, Troue & Shudt (J. Paul Troue of counsel), for plaintiff. Louis J. Lefkowitz, Attorney-General (Kenneth J. Connolly of counsel), for New York State Tax Commission, defendant.

A. FRANKLIN MAHONEY, J.

The plaintiff seeks an order, pursuant to CPLR 3212, dismissing the answer and any defenses contained therein and directing judgment in its favor as a matter of law.

The defendant, Conerty Pontiac-Buick, Inc., entered into a written floor plan agreement with the plaintiff, dated September 9, 1964. By the terms of said agreement, Conerty granted to plaintiff a security interest...

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