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MURRAY HILL INVS., INC. v. ADAS YEREIM, INC.

233 A.D.2d 305 (1996)

649 N.Y.S.2d 810

Murray Hill Investments, Inc., Plaintiff, v. Adas Yereim, Inc., et al., Defendants. (And a Third-Party Action.) (Action No. 1.) Murray Hill Investments, Inc., Appellant, v. Chemical Bank, Respondent, et al., Defendants. (Action No. 2.)

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

November 4, 1996

Ordered that the orders are affirmed, with one bill of costs.

The Supreme Court did not err in denying the plaintiff's motion to renew Chemical Bank's prior motion for summary judgment dismissing, inter alia, a cause of action premised upon its aiding and abetting a fraud. The new evidence presented did not raise a triable issue of fact as to whether Chemical Bank was aware of the fraud, which is an element of a cause...

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