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PROFIL ALUMINIO v. BANK OF NEW YORK

190 A.D.2d 635 (1993)

Profil Aluminio, S.A., Respondent, v. Bank of New York, Appellant, et al., Defendants

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

February 25, 1993

Defendants are not entitled to summary judgment if the record leaves "`any doubt'" as to the nonexistence of the assignment on which the action is based (Henderson v City of New York, 178 A.D.2d 129, 130). While the conflicting affidavits of the parties may not raise a doubt, given plaintiff's failure to produce a copy of the assignment, the document of the National Bank of Greece, defendant bank's correspondent, making

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