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GEPHARDT v. MORGAN GUAR. TRUST CO. OF NEW YORK

191 A.D.2d 229 (1993)

594 N.Y.S.2d 248

Thomas E. Gephardt et al., on Behalf of Themselves and All Others Similarly Situated, Appellants, v. Morgan Guaranty Trust Company of New York et al., Respondents

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

March 9, 1993

It is well settled that a defense based on documentary evidence can succeed if the documents submitted resolve all of the factual issues as a matter of law (Standard Chartered Bank v D. Chabbott, Inc., 178 A.D.2d 112). The clear and unambiguous language contained in the documents relied on by the moving parties established not only the existence of fee schedules for the defendant depository institutions but defendants' entitlement...

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