KEY BANK OF NEW YORK v. DIAMOND


236 A.D.2d 804 (1997)

653 N.Y.S.2d 882

Key Bank of New York, Appellant, v. Morris Diamond, Respondent, et al., Defendants

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

February 7, 1997


Order unanimously reversed on the law without costs, cross motion denied, motion granted and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: Supreme Court erred in denying the motion of plaintiff, Key Bank of New York (Key Bank), for an amended final judgment and in granting the cross motion of defendant Morris Diamond for restitution, satisfactions of judgments and an accounting. Key Bank was entitled to use the proceeds...

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