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BANK OF NEW YORK v. CARIELLO

69 A.D.2d 805 (1979)

Bank of New York, Appellant, v. Louis Cariello, Also Known as Louis Carriello, Individually and Doing Business as Coin-Op Laundromat, et al., Respondents

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

April 2, 1979

Order reversed, on the law, with $50 costs and disbursements, and plaintiff is awarded summary judgment against defendants in the sum of $11,512.31, with interest.

The action is remanded to Special Term to hear and determine plaintiff's fair and reasonable attorney's fees. One who contests a motion for summary judgment must present sufficient proof to demonstrate the existence of a genuine triable factual issue (Andre v Pomeroy, 35 N.Y.2d 361...

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