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GORNICKI v. M&T BANK

162 Misc.2d 471 (1994)

617 N.Y.S.2d 448

Diane M. Gornicki, Plaintiff, v. M&T Bank, Also Known as Manufacturers and Traders Trust Company, Defendant.

Supreme Court, Niagara County.

October 3, 1994

Attorney(s) appearing for the Case

Mallam & Mansour (David J. Mansour of counsel), for plaintiff. Mark K. Metz for defendant.

JOSEPH D. MINTZ, J.

Plaintiff moves for summary judgment and defendant cross-moves for summary judgment in this action for the recovery of funds paid by defendant to Robert Hochadel, Jr. The following facts are not in dispute:

Plaintiff opened a checking account at the Military Road branch of defendant bank. On December 2, 1992, plaintiff executed a power of attorney in favor of Mr. Hochadel at the...

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