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KEY BANK OF CENT. NEW YORK v. PULIAFICO

97 A.D.2d 966 (1983)

Key Bank of Central New York, Formerly First Trust & Deposit Company, Respondent, v. Charles A. Puliafico et al., Appellants. (Appeal No. 1.)

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

November 4, 1983

Order and judgment entered January 6, 1982 granting plaintiff's motion for summary judgment unanimously reversed. Order entered January 6, 1982 denying defendants' cross motion unanimously affirmed, without costs, and matter remitted to Supreme Court, Oneida County, for further proceedings in accordance with the following memorandum: Since defendants' cross motion to dismiss (CPLR 3211, subd [a], par 4) was denied, Special Term erred in granting plaintiff's motion for summary...

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