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WALL ST. CLEARING CO. v. AINBINDER

212 A.D.2d 488 (1995)

623 N.Y.S.2d 213

Wall Street Clearing Co., Respondent, v. Robert Ainbinder, Appellant

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

February 23, 1995

The claims and factual allegations asserted by defendant in support of the instant motion are the same as those raised and rejected in opposition to plaintiff's motion for summary judgment in lieu of complaint in 1989 and in defendant's motion in 1992 to vacate the judgment. Moreover, were the Court to consider the arguments on the merits, it is well settled that the threatened exercise of a legal right cannot constitute evidence...

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