SUMMER v. MARINE MIDLAND BANK


190 A.D.2d 1094 (1993)

Pepi Summer, Respondent-Appellant, v. Marine Midland Bank, N. A., et al., Appellants-Respondents

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

February 5, 1993


Order unanimously reversed on the law without costs, plaintiff's motion granted and defendants' cross motions denied.

Memorandum:

Supreme Court erred in denying plaintiff's motion for a determination that the proposed order forwarded to the court by previous counsel was timely submitted (see, 22 NYCRR 202.48 [a]). Counsel had submitted an order within 60 days of the court's decision but was advised by the IAS Justice that the order should be settled...

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