WELLS v. BANK OF N. Y. CO.


181 Misc.2d 574 (1999)

694 N.Y.S.2d 570

JONATHAN WELLS et al., Plaintiffs, v. BANK OF NEW YORK COMPANY, INC., et al., Defendants.

Supreme Court, New York County.

May 24, 1999.


Attorney(s) appearing for the Case

Daniel M. Isaacs, New York City, for Bank of New York Company, Inc., defendant.

Zeichner Ellman Kraus, New York City (Mark Zeichner and Noelle Kurtin of counsel), for Citibank, N. A., defendant.

Emery Celli Brinckerhoff & Abady L. L. P., New York City (Jonathan S. Abady and Illan M. Maazel of counsel), for plaintiffs.


OPINION OF THE COURT

BARRY A. COZIER, J.

Motion sequence Nos. 001 and 002 are consolidated for disposition. In motion sequence No. 001, The Bank of New York Company, Inc. (BNY) moves, pursuant to CPLR 3211, for dismissal of plaintiffs' claims as asserted against it, and for an order striking the jury demand to the extent that any claims remain. In motion sequence No. 002, Citibank, N. A. (Citibank), moves...

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