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FIRST NAT'L BANK OF HUDSON VALLEY v. SCHANTZ

253 A.D.2d 735 (1998)

677 N.Y.S.2d 589

First National Bank of Hudson Valley, Appellant, v. Stewart T. Schantz et al., Defendants and Third-Party Plaintiffs-Respondents, et al., Defendants. John C. Van Wormer, Third-Party Defendant-Appellant, et al., Third-Party Defendant

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

September 14, 1998

Ordered that the order is modified, by deleting therefrom the provision denying those branches of the plaintiff's cross motion which were for summary judgment dismissing the third, fourth, and eighth affirmative defenses set forth in the answer and substituting therefor a provision granting those branches of the plaintiff's cross motion; as so modified, the order is affirmed insofar as appealed from, with costs to the plaintiff.

The Supreme Court did not err in allowing...

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