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MFRS. & TRADERS TRUST CO. v. BITTORF

216 A.D.2d 72 (1995)

627 N.Y.S.2d 686

Manufacturers and Traders Trust Company, Appellant, v. Fritz Bittorf et al., Respondents

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

June 13, 1995

The IAS Court erred in dismissing the complaint as to each defendant. Defendant Kokot's arguments in support of his cross-motion for summary judgment have merit to the extent that they are grounded in res judicata and collateral estoppel (see, O'Brien v City of Syracuse, 54 N.Y.2d 353, 357; Matter of Reilly v Reid, 45 N.Y.2d 24, 26-28) and his status as a limited partner (see<...

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