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SKANEATELES SAV v. MODI ASSOC

239 A.D.2d 40 (1998)

668 N.Y.S.2d 819

Skaneateles Savings Bank, Appellant, v. Modi Associates et al., Respondents

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

February 4, 1998

Attorney(s) appearing for the Case

Mackay, Caswell & Callahan, P. C., Syracuse (William Baker of counsel), for appellant.

Joseph M. Kelly, Liverpool, for Ramesh Modi, respondent.

Frank J. Vavonese, Syracuse (David W. Herkala of counsel), for Routhu V. Rao, respondent.

DENMAN, P. J., GREEN, BALIO and FALLON, JJ., concur.

CALLAHAN, J.

On this appeal, plaintiff, Skaneateles Savings Bank (Bank), appeals from an order that denied its motion for summary judgment on the balance owed by defendants on a demand note. In reliance upon this Court's decisions in Bank of N. Y. v Bersani (90 A.D.2d 302) and Mangno v Mangno (206 A.D.2d 936, lv dismissed...

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