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MARINE MIDLAND BANK, N. A. v. GREEN

261 A.D.2d 340 (1999)

691 N.Y.S.2d 423

MARINE MIDLAND BANK, N. A., Respondent, v. ARTHUR GREEN et al., Appellants. HUDSON RONDOUT CORP., Nonparty Appellant.

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

Decided May 27, 1999.

On the prior appeal in this matter (209 A.D.2d 288, lv denied 85 N.Y.2d 1029), in the course of affirming the IAS Court's dismissal of defendants' counterclaim for breach of an alleged oral agreement for plaintiff to extend a loan of $2 million to defendants, we expressly rejected defendants' claim that plaintiff was estopped from asserting the Statute of Frauds as a defense to the counterclaim...

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