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MARINE MIDLAND v. BOWKER

112 Misc.2d 1044 (1982)

Marine Midland Bank, N. A., Plaintiff, v. Edward T. Bowker, Defendant and Third-Party Plaintiff. John F. Byrne, Doing Business as Jack Byrne Ford & Mercury, et al., Third-Party Defendants.

County Court, Saratoga County.

March 10, 1982

Attorney(s) appearing for the Case

Schrade & Kimmey (Karl H. Schrade of counsel), for John F. Byrne, third-party defendant. Paul M. Whitaker for defendant and third-party plaintiff. Bernard, Overton & Russell for plaintiff.

LOREN N. BROWN, J.

By notice of motion, dated February 1, 1982, third-party defendant John F. Byrne moves for leave to reargue a prior motion to relieve his default in this action, and for an order vacating the prior decision finding Byrne in default, and permitting him to interpose a third-party answer.

By notice of motion, dated February 2, 1982, third-party defendants Byrne and For-Del, Inc. (hereinafter Byrne) move for an order vacating the...

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