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FERGANG v. FLANAGAN

174 Misc.2d 790 (1997)

665 N.Y.S.2d 785

Jane Fergang, Plaintiff, v. Michael G. Flanagan et al., Defendants. (Action No. 1.) Michael G. Flanagan, Third-Party Plaintiff, v. Jane Fergang et al., Third-Party Defendants. Melville L. Fergang, Plaintiff, v. Morgan Guaranty Trust Company of New York, Defendant and Third-Party Plaintiff. Chemical Banking Corporation, Third-Party Defendant. (Action No. 2.)

Supreme Court, Nassau County.

June 16, 1997

Attorney(s) appearing for the Case

Levi & Lubarsky, New York City, for Morgan Guaranty Trust Company of New York. Kevin J. Flynn, New York City, for Chemical Banking Corporation. Morrissey & Morrissey, L. L. P., New York City, for Jane Fergang and another. Steven P. Sanabria, Forest Hills, for Michael G. Flanagan. Hammill, O'Brien, Croutier & Dempsey, P. C., Mineola, for Terrance M. Higgins and another. Joel S. Kaplan, Garden City, for Melville L. Fergang and another. Dennis C. Vacco, Attorney-General, Albany (Jennifer A. Whalen of counsel), for Lawyers' Fund for Client Protection.

THOMAS P. PHELAN, J.

This motion by defendant and third-party plaintiff in action No. 2, Morgan Guaranty Trust Company of New York (Morgan), for summary judgment pursuant to CPLR 3212 dismissing plaintiff's (Melville L. Fergang) complaint or in the alternative granting it summary judgment on its third-party complaint against Chemical Banking Corporation (Chemical) and, pursuant to UCC 4-207 (3) awarding it...

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