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MED CARE v. TOKYO TRUST CO

163 Misc.2d 551 (1994)

621 N.Y.S.2d 466

New York State Medical Care Facilities Finance Agency, Plaintiff, v. Bank of Tokyo Trust Company et al., Defendants.

Supreme Court, New York County.

November 28, 1994

Attorney(s) appearing for the Case

Davis, Scott, Weber & Edwards, P. C., New York City (George F. Hritz of counsel), for Bank of Tokyo Trust Company, defendant. Lynch, Rowin, Novack, Burnbaum & Crystal, P. C., New York City (Edward Burnbaum of counsel), for Shawmut Bank of Boston, N. A., defendant. Deforest & Duer, New York City (Bryan R. Williams of counsel), for plaintiff.

HERMAN CAHN, J.

Defendant Bank of Tokyo Trust Company (BOTT) moves to dismiss the complaint based on documentary evidence pursuant to CPLR 3211 (a) (1), or, in the alternative, for summary judgment pursuant to CPLR 3212.

Plaintiff New York State Medical Care Facilities Finance Agency (MCFFA) is a New York based public benefit corporation. Pursuant to the New York State Medical Care Facilities Finance...

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