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BANK OF NEW YORK v. SPIRO

267 A.D.2d 339 (1999)

700 N.Y.S.2d 207

BANK OF NEW YORK, Appellant, v. FLORENCE SPIRO, Respondent.

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

Decided December 20, 1999.

Ordered that the orders are reversed, on the law, with one bill of costs, the motions are granted, and the matter is remitted to the Supreme Court, Nassau County, for entry of a judgment in the principal sum of $153,100.70, without interest.

The plaintiff seeks to recover a sum of money mistakenly paid to the defendant. The Supreme Court denied the plaintiff's motion for summary judgment, finding issues of fact as to whether...

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