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LAWYERS' FUND v. GATEWAY BANK

181 Misc.2d 660 (1999)

692 N.Y.S.2d 583

LAWYERS' FUND FOR CLIENT PROTECTION OF THE STATE OF NEW YORK, Plaintiff, v. GATEWAY STATE BANK, Now Known as STATEN ISLAND SAVINGS BANK, Defendant.

Supreme Court, Albany County.

April 14, 1999.

Attorney(s) appearing for the Case

Parisi, Englert, Stillman, Coffey & McHugh, Schenectady (Peter V. Coffey of counsel), for defendant.

Dennis C. Vacco, Attorney General, Albany (Kathryn J. Blake of counsel), for plaintiff.

OPINION OF THE COURT

THOMAS W. KEEGAN, J.

Defendant moves for summary judgment upon the ground that plaintiff's complaint, sounding in contract and quasi contract, lacks merit. Plaintiff cross-moves for summary judgment dismissing defendant's affirmative defenses.

In a memorandum and order dated May 22, 1997, the Appellate Division, Third Department, found plaintiff's cause of action for conversion time barred. (Lawyers' Fund for Client Protection...

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