MARINE MIDLAND BANK v. FISHER


85 A.D.2d 905 (1981)

Marine Midland Bank, Respondent, v. Barbara C. Fisher, Appellant. (Appeal No. 1.)

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

December 23, 1981


Order unanimously reversed, on the law and facts, with costs, plaintiff's motion for summary judgment denied, and judgment vacated.

Memorandum:

Defendant appeals from an order of November 26, 1980 which granted plaintiff Marine Midland Bank (Bank) summary judgment in its action on a note executed by defendant and her deceased husband. Contrary to plaintiff's assertion, the order is appealable. While the decretal paragraph of that order merely states that defendant...

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