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CHEM. BANK v. EQUITY HOLDING CORP.

254 A.D.2d 56 (1998)

679 N.Y.S.2d 277

Chemical Bank, Respondent, v. Equity Holding Corp. et al., Appellants and Third-Party Plaintiffs-Appellants. Indemnity Insurance Company of North America, Now Known as Cigna, Third-Party Defendant-Respondent

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

October 6, 1998

We agree with the IAS Court that no issue of fact exists as to whether plaintiff's payment to defendants of the certificate of deposit in question, which had been assigned to third-party defendant with notice to plaintiff, was a mistake (see, Manufacturers Hanover Trust Co. v Chemical Bank, 160 A.D.2d 113, 117, lv denied 77 N.Y.2d 803). Plaintiff's second summary judgment motion was impliedly permitted by the denial...

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