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AUDINO v. LINCOLN FIRST BANK OF ROCHESTER

105 A.D.2d 1091 (1984)

Anthony Audino et al., Respondents, v. Lincoln First Bank of Rochester, as Executor of James H. Hamill, Deceased, Appellant. (Action No. 1.) Katherine Giordano et al., as Executors of James H. Hamill, Deceased, Appellants, v. Louis P. Attoma et al., Respondents. (Action No. 2.) (Appeal No. 1.)

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

November 7, 1984

Judgment unanimously modified and, as modified, affirmed, with costs to Lincoln First Bank of Rochester as executor, and matter remitted to Supreme Court, Monroe County, for further proceedings, in accordance with the following memorandum: The decedent, James H. Hamill, was one of six partners in the operation of a nursing home in Rochester. Lincoln First Bank of Rochester (Lincoln First) appeals from a judgment compelling it, as Hamill's executor, to transfer decedent's...

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