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LATALLO v. MORGAN GUAR. TRUST

155 A.D.2d 214 (1990)

Latallo Etablissement, Respondent, v. Morgan Guaranty Trust Company of New York, Appellant

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

April 10, 1990

Attorney(s) appearing for the Case

William Schurtman of counsel (Walter, Conston, Alexander & Green, P. C., attorneys), for respondent.

Donald N. Dirks of counsel (Philip C. Potter, Jr., and Sharon W. Lindsay with him on the brief; Davis Polk & Wardwell, attorneys), for appellant.

ROSS, J. P., ASCH, ROSENBERGER and ELLERIN, JJ., concur.

MILONAS, J.

The Supreme Court should have granted the motion by defendant Morgan Guaranty Trust Company of New York for summary judgment dismissing the complaint against it since there are no factual issues presented requiring further proceedings. Indeed, what is at issue herein is a dispute between members of an Argentine family over funds which they maintained at defendant bank in the accounts of plaintiff...

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