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GELBARD v. NORTHFIELD SAV. BANK

216 A.D.2d 267 (1995)

627 N.Y.S.2d 454

Bruce Gelbard et al., Respondents, v. Northfield Savings Bank, Appellant

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

June 5, 1995

Ordered that the order is modified, on the law, by deleting the provision thereof which granted the plaintiffs' cross motion, and substituting therefor a provision denying the cross motion; as so modified the order is affirmed, with costs to the respondents.

On October 25, 1993, the plaintiff filed a summons and complaint in the office of the Clerk of Richmond County (see, CPLR 304, as amended by L 1992, ch 216; Enos v City of Rochester,

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