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MARINE MIDLAND BANK v. S.J. MGMT. SERVS., INC.

201 A.D.2d 279 (1994)

608 N.Y.S.2d 831

Marine Midland Bank, N. A., Plaintiff, v. S.J. Management Services, Inc., Defendant, Keiko Yanagi et al., Respondents, and Narihide Yanagi et al., Appellants

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

February 3, 1994

Not only was Narihide and Lee's expert witness's opinion concerning the asserted relevant Japanese statute (Japanese Commercial Code, art 260, Law No. 48) unsupported by any Japanese case law or scholarly work, it was not based on "a reasonable inference from [the] statute" (Petrogradsky Mejdunarodny Kommerchesky Bank v National City Bank, 253 N.Y. 23, 34). Indeed, a rational interpretation of the statute and logical inference...

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