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BANK OF NEW YORK v. STERLINGTON COMMON ASSOCS.

235 A.D.2d 448 (1997)

652 N.Y.S.2d 323

Bank of New York, as Successor in Interest to Bank of Long Island, Formerly Known as Bank of Babylon, Plaintiff, v. Sterlington Common Associates et al., Defendants. (Action No. 1.) Thomas Laviano, Appellant, v. Kenneth DeAngelis et al., Respondents. (Action No. 2.) Kenneth Deangelis et al., Plaintiffs, v. Joseph P. Walsh et al., Defendants. (Action No. 3.)

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

January 21, 1997

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and, upon reargument, that branch of the motion of the plaintiff in Action No. 2 which was for summary judgment on the issue of the personal liability of Kenneth DeAngelis and Kayel DeAngelis is granted.

The plaintiff in Action No. 2, Thomas Laviano, established a prima facie case by submitting proof of a promissory note and the failure...

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