Unanimously reversed, on the law, and appellant Marine Midland Bank's motions are granted to dismiss the first, second and third defenses of respondent B.V.D. in Action No. 2, and summary judgment is granted in favor of appellant Marine Midland Bank in Action No. 2 for $161,786.43, with interest and costs, and summary judgment is granted in favor of appellant Marine Midland Bank dismissing the first, second and fourth causes of action in the complaint in Action No. 1 as against...
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