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LINCOLN BANK v. CARLSON

103 Misc.2d 467 (1980)

Lincoln First Bank, N. A., Plaintiff, v. Herbert I. F. Carlson, Defendant. Marine Midland Bank, Third-Party Defendant.

Supreme Court, Chautauqua County.

March 24, 1980.

Attorney(s) appearing for the Case

Nixon, Hargrave, Devans & Doyle (Gregory J. Murrer of counsel), for plaintiff. John L. Goodell for defendant. Phillips, Lytle, Hitchcock, Blaine & Huber (Paul K. Steckler of counsel), for third-party defendant.

JOSEPH P. KUSZYNSKI, J.

Plaintiff Lincoln First Bank moves pursuant to CPLR 3212 for summary judgment against the defendant Herbert Carlson. The third-party defendant Marine Midland Bank moves pursuant to CPLR 3211 (subd [a], par 7) to dismiss the third-party complaint against it upon the grounds it does not state a cause of action.

It appears that on June 6, 1978, defendant purchased a ring by telephone...

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