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KEY BANK OF SOUTHEASTERN NEW YORK v. PAL

110 A.D.2d 686 (1985)

Key Bank of Southeastern New York, N. A., Respondent, v. Sidney Pal et al., as Trustees of The Tamara Trust, et al., Appellants

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

April 8, 1985

Judgment affirmed, with costs.

Special Term properly granted plaintiff's motion for summary judgment in the sum of $166,152.03. It is uncontested that defendants owed plaintiff that sum. Furthermore, the asserted defenses of novation, accord and satisfaction, and equitable estoppel are without merit (see, Fuller v Kemp, 138 N.Y. 231; Donemore Clothing Co. v Shapiro, 202 N.Y.S. 258; Cantasano v Courtney, 98 Misc. 623; McLaughlin v Gillings...

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