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NASSAU TRUST v. CARMAN'S

118 Misc.2d 551 (1983)

Nassau Trust Co., Plaintiff, v. Wes Carman's Marina, Inc., et al., Defendants. Donald Ceriello, Third-Party Plaintiff, v. Raymond W. Genero, Third-Party Defendant and Fourth-Party Plaintiff. Lake's Yacht Sales, Inc., Fourth-Party Defendant and Fifth-Party Plaintiff, v. James F. Biehl, Fifth-Party Defendant and Sixth-Party Plaintiff. Long Island Trust Company et al., Sixth-Party Defendants.

Supreme Court, Special Term, Nassau County.

February 2, 1983

Attorney(s) appearing for the Case

Cullen & Dykman for Long Island Trust Company, sixth-party defendant. Mullooly, Jeffrey, Rooney & Flynn for plaintiff. Wes Carman's Marina, Inc., defendant pro se. Irving B. Bushow for Donald Ceriello, defendant and third-party plaintiff. Joseph E. Magnotti for third-party defendant and fourth-party plaintiff. Ciaravino & Smith for fourth-party defendant and fifth-party plaintiff. Ackerman & Raphan for fifth-party defendant and sixth-party plaintiff. Anthony R. DiGennaro for Charles Fisher, sixth-party defendant.

ARTHUR D. SPATT, J.

Motion by sixth-party defendant Long Island Trust Company (Long Island) for an order, pursuant to CPLR 3211 (subd [a]), dismissing the sixth-party complaint served on said party on or about July 3, 1981, on the grounds that said complaint fails to state a cause of action, and that there is a defense to said complaint founded upon documentary evidence, after hearing oral argument by the...

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