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MARINE MIDLAND v. STANTON

147 Misc.2d 426 (1990)

Marine Midland Bank, N. A., Plaintiff, v. Robert J. Stanton, Defendant.

Supreme Court, Monroe County.

May 11, 1990

Attorney(s) appearing for the Case

Nixon, Hargrave, Devans & Doyle (William S. Brandt of counsel), for defendant. Harter, Secrest & Emery (Richard E. Alexander of counsel), for plaintiff.

D. BRUCE CREW, III, J.

Defendant moves for dismissal of plaintiff's complaint on the grounds that it is barred by the applicable Statute of Limitations and that it fails to state a cause of action. Plaintiff cross-moves for summary judgment on the second cause of action, for leave to amend the complaint as to the first cause of action and to strike the affirmative defenses.

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