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MARINE MIDLAND BANK v. CES/COMPUTECH, INC.

147 A.D.2d 396 (1989)

Marine Midland Bank, N. A., Appellant, v. Ces/Computech, Inc., Respondent

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

February 16, 1989

In this action by plaintiff, Marine Midland Bank, N. A. (Marine Midland), to recover the outstanding balance due on a loan assignment agreement and accompanying promissory note, plus interest and attorney's fees, the motion court denied Marine Midland's motion for summary judgment, holding that the defendant CES/Compu-Tech, Inc. (CES) had a triable defense of fraudulent inducement. The motion court found that the affidavit of CES' president alleging oral promises by the vice...

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