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FLUSHING NAT'L BANK v. JERDER REALTY SERVS., INC.

88 A.D.2d 945 (1982)

Flushing National Bank, Appellant, v. Jerder Realty Services, Inc., et al., Defendants, and Arthur-Arden Corp., Respondent

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

June 14, 1982

Order reversed, insofar as appealed from, on the law, with $50 costs and disbursements, and motion for summary judgment denied.

It is axiomatic that if there is a triable issue of fact, summary judgment will be denied (see, e.g., Sillman v Twentieth Century-Fox Film Corp., 3 N.Y.2d 395). In the present case, at least one such issue exists, to wit, whether defendant Arthur-Arden is...

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