SUMMER v. MARINE MIDLAND BANK


227 A.D.2d 932 (1996)

643 N.Y.S.2d 256

Pepi S. Summer, Appellant, v. Marine Midland Bank, N. A., et al., Respondents, et al., Defendant Marine Midland Bank, N. A., Third-Party Plaintiff-Respondent, v. Donald L. Summer, Third-Party Defendant-Respondent

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

May 31, 1996


Appeal from order insofar as it dismissed third-party complaint unanimously dismissed and order reversed on the law without costs, motion and cross motions denied and complaint reinstated.

Memorandum:

Plaintiff contends that Supreme Court erred in granting the motion of third-party defendant for summary judgment dismissing the complaint and third-party complaint on the grounds of res judicata and collateral estoppel. Plaintiff's appeal from that portion of...

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