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SCHWAB v. WALDEN BANK

109 Misc.2d 929 (1981)

Henry Schwab, Sr., Plaintiff, v. Walden Savings Bank, Defendant and Third-Party Plaintiff; Henry Schwab, Jr., Third-Party Defendant. (Action No. 1.) Martha Schwab, Plaintiff, v. Walden Savings Bank, Defendant and Third-Party Plaintiff; Henry Schwab, Jr., Third-Party Defendant. (Action No. 2.) Walden Savings Bank, Plaintiff, v. Henry Schwab, Jr., Defendant. (Action No. 3.)

Supreme Court, Orange County.

July 8, 1981

Attorney(s) appearing for the Case

Schwartz, Kobb, Scheinert, Hamerman & Johnson for plaintiff in Action Nos. 1 and 2. Rider, Drake, Weiner & Loeb, P. C., for defendant and third-party plaintiff in Action Nos. 1 and 2.

IRVING A. GREEN, J.

This is an action brought by plaintiff in Action No. 1, Henry Schwab, Sr., for summary judgment, motion by plaintiff in Action No. 2, Martha Schwab, for judgment, cross motion by defendant, Walden Savings Bank, to dismiss both plaintiffs' cause of action and for other relief.

The salient facts in these consolidated actions are as follows: During early May, 1979 the defendant Walden Savings Bank permitted plaintiff's son, third...

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