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BANK OF NY v. MARGIOTTA

99 Misc.2d 423 (1979)

Bank of New York, Plaintiff, v. Charles R. Margiotta, Defendant and Third-Party Plaintiff. Gerald Sajoren, Third-Party Defendant.

District Court of Suffolk County, First District.

May 3, 1979

Attorney(s) appearing for the Case

Eugene T. White for defendant and third-party plaintiff. Benjamin Purvin for third-party defendant. Richard A. Zinn for plaintiff.

ROCKWELL D. COLANERI, J.

The defendant, third-party plaintiff Charles R. Margiotta, moves for summary judgment against the plaintiff, Bank of New York, successor to Valley Bank of New York, upon the grounds that: (1) there are no triable issues of fact; (2) the plaintiff is not a proper party; (3) the action has no merit; and (4) res judicata bars the plaintiff's action.

On February 5, 1975, Simone...

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