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SCHEN TR CO v. SCIOCCHETTI

82 Misc.2d 1075 (1975)

Schenectady Trust Company, Plaintiff, v. Estate of August Sciocchetti, Defendant.

Supreme Court, Special Term, Schenectady County.

March 26, 1975

Attorney(s) appearing for the Case

Wemple, Daly & Casey (Norman R. Hayes of counsel), for plaintiff. Parisi, DeLorenzo, Gordon & Pasquariello (Thomas E. DeLorenzo of counsel), for defendant.

D. VINCENT CERRITO, J.

The defendant has moved, pursuant to CPLR 3211 (subd [a], par 7), for an order dismissing plaintiff's second cause of action upon the ground that it fails to state a cause of action. The plaintiff, in a separate motion, has moved for a summary judgment on the grounds that there are no triable issues of fact and that there are no defenses to the plaintiff's second cause of action. The court, in effect, has consolidated these motions...

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