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HONGKONG & SHANGHAI BANKING CORP. LTD. v. 335 OSER AVE. ASSOCS.

223 A.D.2d 676 (1996)

637 N.Y.S.2d 201

Hongkong and Shanghai Banking Corporation Limited, Respondent, v. 335 Oser Avenue Associates et al., Appellants, et al., Defendants

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

January 29, 1996

Ordered that the judgment is affirmed insofar as appealed from, with costs.

In light of the affidavits submitted in opposition to the plaintiff's motion for summary judgment, the Supreme Court properly directed a hearing on the affirmative defense of release (see, CPLR 3212 [c], [e]; 3211 [a] [5]). Moreover, the Supreme Court properly exercised its discretion by narrowing the scope of the hearing to whether the principle...

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