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ITAMARI v. DIME SAVINGS BANK OF NEW YORK, INC.

296 A.D.2d 381 (2002)

744 N.Y.S.2d 503

JOSEF ITAMARI et al., Appellants, v. DIME SAVINGS BANK OF NEW YORK, INC., Respondent.

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

Decided July 1, 2002.

Ordered that the appeal from so much of the order as granted that branch of the cross motion which was for summary judgment dismissing the complaint insofar as asserted on behalf of the plaintiff Dvora Itamari is dismissed, and that portion of the order is vacated; and it is further,

Ordered that the order is otherwise affirmed; and it is further,

Ordered that one bill of costs is awarded to the defendant.

The plaintiff Dvora Itamari died before the...

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