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MARINE MIDLAND v. UNITED BANK

223 A.D.2d 119 (1996)

643 N.Y.S.2d 528

Marine Midland Bank, N. A., as Agent for Canadian Imperial Bank and Others, Appellant, v. United Missouri Bank, N. A., as Executor of James D.H. Reynolds, Deceased, Respondent

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

May 28, 1996

Attorney(s) appearing for the Case

Bruce R. Ewing of counsel (Jonathan M. Herman on the brief; Townley & Updike, attorneys), for appellant.

R. Scott Garley of counsel (Felice L. Berkman on the brief; Grais & Phillips, attorneys), for respondent.

SULLIVAN, J. P., ROSS, NARDELLI and TOM, JJ., concur.

ELLERIN, J.

The issue before us is whether New York or Kansas law applies in this action against a deceased Kansas debtor's estate seeking recovery on a debt which accrued in New York under an agreement providing that New York law would govern in any action for its enforcement.

The underlying facts are essentially undisputed. On August 31, 1986, the decedent, James D.H. Reynolds, M.D., a Kansas resident...

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