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GUARDIAN MORTGAGE ACCEPTANCE CORPORATION v. BANKERS TRUST COMPANY OF CALIFORNIA, N. A.

259 A.D.2d 358 (1999)

687 N.Y.S.2d 56

GUARDIAN MORTGAGE ACCEPTANCE CORPORATION, Respondent-Appellant, v. BANKERS TRUST COMPANY OF CALIFORNIA, N. A., Appellant-Respondent, et al., Defendant.

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

Decided March 18, 1999.

Given the conflicting evidence in the record, the motion court correctly found material issues of fact as to whether plaintiff has standing to maintain this suit, and as to whether defendants' alleged misfeasance was a proximate cause of plaintiffs alleged injuries (see, Bachmann, Schwartz & Abramson v Advance Intl., 251 A.D.2d 252).

However, plaintiffs demand for punitive damages from Bankers Trust should have been stricken...

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