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BANK OF NEW YORK v. MIDLAND AVE. DEV.

193 A.D.2d 641 (1993)

597 N.Y.S.2d 458

Bank of New York, as Successors in Interest to Scarsdale National Bank and Trust Co., Appellant, v. Midland Avenue Development et al., Respondents

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

May 10, 1993

Ordered that the order is modified, on the law, by granting the motion to the extent of dismissing the affirmative defense of tender asserted in the answer of the defendant Estate of William F. Cassin and otherwise denying the motion; as so modified, the order is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

The plaintiff contends that there are no triable issues of...

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