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KEY BANK OF WESTERN NEW YORK v. GIUNTA

163 A.D.2d 886 (1990)

Key Bank of Western New York N. A., Respondent, v. Joseph R. Giunta et al., Appellants and Third-Party Plaintiffs-Appellants. Donald Sherris et al., Third-Party Defendants-Respondents

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

July 13, 1990

Order unanimously affirmed with costs.

Memorandum:

Plaintiff, Key Bank of Western New York, and third-party defendants, Donald Sherris and Alfred Weber, demonstrated their entitlement to summary judgment as a matter of law (see, Zuckerman v City of New York, 49 N.Y.2d 557, 560-562), and defendants and third-party plaintiffs, Joseph and Xavier Giunta, have failed to show, by evidentiary proof in admissible form...

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