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RUBY LAND DEVELOPMENT, LTD. v. TOUSSIE

4 A.D.3d 518 (2004)

771 N.Y.S.2d 701

RUBY LAND DEVELOPMENT, LTD., Respondent, v. ROBERT TOUSSIE et al., Respondents, and HSBC BANK USA, as Successor in Interest to FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF ROCHESTER, Appellant.

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

February 23, 2004.

Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the appellant's motion which was for summary judgment dismissing the cross claim of the defendants Robert Toussie and Paltrrz Corporation insofar as asserted against it and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements...

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