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BANKERS TRUST v. ZECHER

103 Misc.2d 777 (1980)

Bankers Trust Company of Western New York (Formerly Banker's Trust Co. of Rochester), Plaintiff, v. Robert F. Zecher et al., Defendants and Third-Party Plaintiffs. Ruth E. Hilfiker, Third-Party Defendant.

Supreme Court, Monroe County.

April 15, 1980.

Attorney(s) appearing for the Case

Mousaw, Vigdor, Reeves, Heilbronner & Kroll (Mark J. Moretti of counsel), for plaintiff. Stanton & Mumford, P. C. (Wayne A. Vanderbyl of counsel), for defendants and third-party plaintiffs. Buyck, Baxter, Springer, Fitzsimmons, Fitzpatrick & Des Marteau (George J. Des Marteau of counsel), for third-party defendant.

WILMER J. PATLOW, J.

On July 24, 1975 plaintiff Bankers Trust Company of Western New York (formerly Banker's Trust Company of Rochester) entered into an equipment security agreement with Roseberry Inn, Inc., for the purpose of securing loans totaling $30,000 which were deposited by Bankers Trust into Roseberry Inn's corporate checking account as follows: $500 on July 24, 1975; $5,000 on September 30, 1975;...

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