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TEPTEE TRADING v. RAZAK

184 Misc.2d 811 (2000)

712 N.Y.S.2d 733

TEPTEE TRADING, INC., Respondent, v. ABDUL RAZAK, Doing Business as SUM ELECTRONICS Co., et al., Defendants, and CITIBANK, N. A., Appellant.

Supreme Court, Appellate Term, First Department.

May 5, 2000.

Attorney(s) appearing for the Case

Mulholland & Knapp, L. L. P., New York City (J. Kelley Nevling, Jr., Elizabeth A. Tom and Robert P. Knapp III of counsel), for appellant.

Fuhrer & Melamed, L. L. P., New York City (Neil L. Fuhrer and Robert Feirman of counsel), for respondent.

PARNESS, P. J., McCOOE and GANGEL-JACOB, JJ., concur.

OPINION OF THE COURT

Per Curiam.

Judgment entered May 7, 1999 modified by denying plaintiff's motion for summary judgment and the matter remanded to the court below for further proceedings; as modified, order affirmed, without costs.

Appeal from the order dated March 4, 1999 dismissed, without costs, as subsumed in the appeal from the judgment entered May 7, 1999.

The court below improperly granted plaintiff depositor summary relief on its...

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