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SCHAFLER v. HSBC BANK USA

23 A.D.3d 1083 (2005)

803 N.Y.S.2d 924

PEPI SCHAFLER, Formerly Known as PEPI SUMMER, Respondent, v. HSBC BANK USA, Formerly Known as MARINE MIDLAND BANK, N.A., Appellant, and MANUFACTURERS & TRADERS TRUST Co., Respondent. (Appeal No. 3.)

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

November 10, 2005.

It is hereby ordered that the amended judgment so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is denied, the cross motion is granted in its entirety and the amended complaint is dismissed.

Memorandum:

We agree with defendant HSBC Bank USA, formerly known as Marine Midland Bank, N.A. (HSBC), that Supreme Court erred in granting plaintiff's motion for summary judgment...

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