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REMINGTON INVESTMENTS INC. v. DEMPSTER

260 A.D.2d 360 (1999)

686 N.Y.S.2d 713

REMINGTON INVESTMENTS, INC., as Assignee of FDIC, Receiver for COMMUNITY NATIONAL BANK AND TRUST COMPANY OF NEW YORK, Appellant-Respondent, v. GEORGE G. DEMPSTER, Respondent-Appellant.

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

Decided April 5, 1999.

Ordered that the order is affirmed, without costs or disbursements.

The Supreme Court properly denied both parties' motions for summary judgment, as issues of fact remain for trial (see, Federal Deposit Ins. Co. v McFarland, 33 F.3d 532; Erbafina v Federal Deposit Ins. Co., 855 F.Supp. 9; Federal Deposit Ins. Co. v Vernon Real Estate...

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