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MARINE MIDLAND BANK v. HALLMAN'S BUDGET RENT-A-CAR OF ROCHESTER, INC.

204 A.D.2d 1007 (1994)

613 N.Y.S.2d 92

Marine Midland Bank, N. A., Appellant-Respondent, v. Hallman's Budget Rent-a-Car of Rochester, Inc., et al., Respondents-Appellants

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

May 27, 1994

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Plaintiff commenced this action to recover approximately $1.5 million allegedly due on a series of loans made to defendants. In their answer defendants raised six affirmative defenses and five counterclaims. Before serving its reply, plaintiff moved to dismiss the affirmative defenses and counterclaims. Defendants...

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