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MARINE MIDLAND BK v. BOWKER

89 A.D.2d 194 (1982)

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

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

October 28, 1982

Attorney(s) appearing for the Case

Schrade & Kimmey (Karl H. Schrade of counsel), for third-party defendants-appellants.

Paul M. Whitaker, for defendant and third-party plaintiff-respondent.

SWEENEY, J. P., MAIN, MIKOLL and WEISS, JJ., concur.

LEVINE, J.

In 1979, defendant Bowker purchased an automobile from the automobile agency of third-party defendant John F. Byrne (Byrne), to be financed by a retail installment contract which was subsequently assigned to plaintiff. After defendant defaulted in payment, plaintiff brought suit against defendant for the balance due. Defendant interposed an answer which, inter alia, asserted a counter-claim...

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