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RIPOLL v. RODRIGUEZ

53 A.D.2d 638 (1976)

Jose Ripoll, Respondent, v. Pedro L. Rodriguez, Appellant

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

June 14, 1976

Order reversed, without costs or disbursements, motion granted, and action remanded to Special Term for further proceedings not inconsistent herewith.

The issues of whether the confession of judgment was entered in breach of the escrow agreement, whether the statement attached was signed and attached without authorization and whether it complied with CPLR 3218 merit a trial. As we held in Rae v Kestenberg (23 A.D.2d 565,...

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