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MARINE MIDLAND BANK v. EMBASSY EAST, INC.

160 A.D.2d 420 (1990)

Marine Midland Bank, N. A., Appellant, v. Embassy East, Inc., et al., Respondents

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

April 17, 1990

Supreme Court erred in denying the motion by plaintiff-appellant Marine Midland Bank for summary judgment, on the ground that the supporting affidavit of a vice-president who did not take part in the loan negotiations and did not have personal knowledge of the facts was insufficient. The affidavit was based upon documentary evidence which is legally admissible. As such, it is sufficient to support a motion for summary judgment ...

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