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MARINE MIDLAND BANK-WESTERN v. MOVABLE HOMES, INC.

61 A.D.2d 1139 (1978)

Marine Midland Bank-Western, Plaintiff, v. Movable Homes, Inc., et al., Respondents, and City of North Tonawanda, Appellant

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

March 1, 1978

Order insofar as appealed from unanimously reversed, with costs, cross motion granted and cross claim dismissed.

Memorandum:

In August, 1973, Movable Homes, Inc., served a complaint upon the City of North Tonawanda which this court dismissed for failure to state a cause of action (Movable Homes v City of North Tonawanda, 56 A.D.2d 718). The cross claim asserted in the present action by Movable Homes, Inc., against...

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