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BILLINO v. CITIBANK, N.A.

No. 1431, Docket 96-9410.

123 F.3d 723 (1997)

Rene Alfredo BILLINO, Plaintiff-Appellant, v. CITIBANK, N.A. and Citibank (New York State), Defendants-Appellees. CITIBANK (NEW YORK STATE), Defendant-Third Party Plaintiff-Appellee, v. NATIONSBANK OF TENNESSEE, N.A., Third Party Defendant-Cross-Claimant-Appellee.

United States Court of Appeals, Second Circuit.

Decided September 9, 1997.

Attorney(s) appearing for the Case

David A. Bythewood, Bythewood & Associates, Garden City, NY, for Plaintiff-Appellant.

Candace Reid Gladston, Certilman Balin Adler & Hyman, East Meadow, NY (Thomas J. McNamara, of counsel), for Defendant-Appellee Citibank, N.A., and Defendant-Third Party Plaintiff-Appellee Citibank (New York State).

Thomas M. Hennessey, Maimone & Angel, Mineola, NY, for Third Party Defendant-Cross-Claimant-Appellee Nationsbank of Tennessee, N.A.

Before: WINTER, Chief Judge, and ALTIMARI and CABRANES, Circuit Judges.

WINTER, Chief Judge:

This appeal arises out of an action brought by Rene Alfredo Billino against Citibank, N.A., and Citibank (New York State) (collectively "Citibank") to recover damages based on an allegedly improper disbursement that Citibank made from Billino's money-market account. The suit was commenced on July 13, 1994. On July 5, 1995, Billino died at his home in Argentina. The next day, Citibank's counsel served a notice of suggestion of death on Billino...

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