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FIRST NAT'L BANK OF HIGHLAND v. J. & J. MILANO, INC.

195 A.D.2d 539 (1993)

600 N.Y.S.2d 476

First National Bank of Highland, Respondent, v. J. & J. Milano, Inc., et al., Appellants

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

July 19, 1993

Ordered that the judgment is affirmed, with costs.

By decision and order dated April 2, 1990, this Court modified the Supreme Court's judgment of foreclosure and sale to reinstate the defendants' six counterclaims, which had been dismissed sua sponte at the conclusion of the nonjury trial of the foreclosure action. We did so because the record did not make clear on what basis the dismissal had been made and, moreover, because...

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