STERN v. CHEM. BANK


47 A.D.2d 941 (1975)

Sheldon D. Stern, Doing Business as Shelly Brokerage, Respondent, v. Chemical Bank, Appellant

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

April 21, 1975


Order-judgment modified, on the law, by (1) deleting therefrom so much of the first decretal paragraph as provides that plaintiff's said motion is granted and (2) deleting therefrom the second decretal paragraph. As so modified, order-judgment affirmed, with $20 costs and disbursements.

In our opinion there are fact issues which preclude the granting of summary judgment to either party, e.g., the intention of the parties with regard to the wording of the power of...

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