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  5. 75 N.Y.2d 957 (1990)
 

SIROTY v. NELSON

75 N.Y.2d 957 (1990)

Daniel H. Siroty, Appellant, v. Richard Nelson et al., Defendants, Dry Dock Savings Bank, Respondent, and United States Fidelity and Guaranty Company, Appellant. (And a Third-Party Action.) (And Another Action.)

Court of Appeals of the State of New York.

Decided April 3, 1990.

Attorney(s) appearing for the Case

Frank C. McLaughlin, Jr., and Thomas Pietrantonio for United States Fidelity and Guaranty Company, appellant.

Michael F. Close for Daniel H. Siroty, appellant.

Regina M. Sarnese for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, TITONE, HANCOCK, JR., and BELLACOSA concur in memorandum; Judge ALEXANDER dissents and votes to affirm in an opinion.

MEMORANDUM.

The order of the Appellate Division, insofar as appealed from, should be reversed, with costs, the motion of USF&G for summary judgment on its cross claim against Dry Dock granted, the motion of plaintiff Siroty for summary judgment against Dry Dock granted, and Dry Dock's cross motion for summary judgment dismissing Siroty's complaint and the cross complaint of USF&G against Dry Dock denied.

Appellants...

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