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BARBATO v. FIRST NATL. BANK

182 Misc.2d 73 (1999)

697 N.Y.S.2d 809

DONALD J. BARBATO, JR., Plaintiff, v. FIRST NATIONAL BANK OF ROCHESTER et al., Defendants.

Supreme Court, Monroe County.

June 3, 1999.

Attorney(s) appearing for the Case

Michael R. Wolford & Associates, Rochester (Steven E. Cole of counsel), for First National Bank of Rochester, defendant.

Chamberlain, D'Amanda, Oppenheimer & Greenfield, Rochester (Alexander Korotkin of counsel), for plaintiff.

Christopher Werner, Rochester, for Carl A. Steinbrenner, defendant.

OPINION OF THE COURT

THOMAS A. STANDER, J.

The defendant, First National Bank of Rochester (First National Bank), submits a motion seeking summary judgment dismissing the first and second causes of action stated in the complaint of the plaintiff, Donald J. Barbato, Jr. (Barbato).

The plaintiff, Donald J. Barbato, Jr., submits a motion seeking the following:

(a) summary judgment dismissing the affirmative...

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