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CARMAN v. EUROPEAN AM. BANK & TRUST CO.

78 N.Y.2d 1066 (1991)

Fred D. Carman, Respondent, v. European American Bank & Trust Company, Appellant.

Court of Appeals of the State of New York.

Decided October 24, 1991.

Attorney(s) appearing for the Case

Jeffrey B. Hulse for appellant.

Joseph A. Milligan for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.

MEMORANDUM.

The judgment appealed from and order of the Appellate Division brought up for review should be modified, with costs to defendant, by reversing so much thereof as affirmed the order of the Supreme Court which granted plaintiff an unqualified discharge of a docketed judgment and by substituting therefor a qualified discharge, and the judgment and order should otherwise be affirmed.

Plaintiff, whose personal...

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