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FITZPATRICK v. BANK OF NY

124 Misc.2d 732 (1983)

Anthony Fitzpatrick, Appellant, v. Bank of New York, Respondent.

Supreme Court, Appellate Term, Second Department.

December 14, 1983

Attorney(s) appearing for the Case

Leonard H. Kaplan and Carol Siegel for appellant. Richard C. Thompson and Michael P. Amodio for respondent.

PINO, P.J., BUSCHMANN and KUNZEMAN, JJ., concur.

MEMORANDUM.

Order unanimously reversed, without costs, defendant's motion for summary judgment denied and matter remanded to the court below for all further proceedings.

This is an action to recover possession of a 1978 Chevrolet or $3,400, the value thereof, upon the grounds that defendant bank had improperly repossessed the vehicle inasmuch as plaintiff had been issued a "certificate of title" by the Department...

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