LIBERTY NAT'L BANK & TRUST CO. v. RICE


53 A.D.2d 1055 (1976)

Liberty National Bank and Trust Company, Appellant, v. Lyman E. Rice, Individually and Doing Business as Barre Service Center, Respondent

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

July 12, 1976


Order unanimously reversed, with costs, plaintiff's motion for summary judgment granted and counterclaim severed.

Memorandum:

Liberty National Bank and Trust Company (bank) appeals from an order denying its motion for summary judgment on its complaint and dismissal of defendant's counterclaim. In its complaint plaintiff seeks to require defendant Rice to repurchase a trailer retail installment contract between defendant and George and Lila Smart. That contract...

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