FITZPATRICK v. BANK OF N. Y.


125 Misc.2d 1069 (1984)

Anthony Fitzpatrick, Plaintiff, v. Bank of New York, Defendant.

Civil Court of the City of New York, Trial Term, Queens County.

October 10, 1984


Attorney(s) appearing for the Case

Leonard H. Kaplan for plaintiff. Michael P. Amodio for defendant.


NAT H. HENTEL, J.

There are times when doing justice appears to create injustice, and this is apparently one such time.

The instant case is before this court on remand from the Appellate Term which reversed the Civil Court's granting of summary judgment in favor of defendant.

The underlying facts are not in dispute and have been stipulated to between the parties.

Plaintiff is the third purchaser of a 1978 Chevrolet Chevette...

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