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PROVIDIAN BANK v. McGOWAN

186 Misc.2d 553 (2000)

720 N.Y.S.2d 709

PROVIDIAN NATIONAL BANK, Respondent, v. JOHN L. McGOWAN, Defendant. ANDREW F. CAPOCCIA LAW CENTERS L. L. C. et al., Nonparty Appellants.

Supreme Court, Appellate Term, Second Department.

October 23, 2000.

Attorney(s) appearing for the Case

Beldock Levine & Hoffman L.L.P., New York City (Melvin L. Wulf, Brian E. Maas and Richard Supple of counsel), and Silverglate & Good, Boston, Massachusetts, for nonparty appellants.

Forster & Garbus, Farmingdale (Glenn S. Garbus of counsel), for respondent.

ARONIN, P. J., CHETTA and PATTERSON, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Order, insofar as appealed from, unanimously modified by reducing the sanctions imposed against Andrew Capoccia Law Centers L. L. C. and Michael Scaptura to the sums of $3,500 and $1,500, respectively, and, as modified, affirmed without costs.

In our opinion, defendant's affirmative defenses, counterclaims and opposition to the motion for summary judgment were "completely...

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