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BSB BANK AND TRUST COMPANY v. DODGE-MARKHAM COMPANY, INC.

15 A.D.3d 710 (2005)

789 N.Y.S.2d 545

BSB BANK AND TRUST COMPANY, Plaintiff v. DODGE-MARKHAM COMPANY, INC., et al., Defendants, and JAMES DOCSTER, Defendant and Third-Party Plaintiff-Appellant. JACK DOCSTER, Third-Party Defendant-Respondent.

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

February 3, 2005.

Crew III, J.P.

Defendant James Docster (hereinafter defendant) is the son of third-party defendant, Jack Docster (hereinafter Docster), both of whom are shareholders of defendant Dodge-Markham Company, Inc. Plaintiff entered into a business manager agreement with Dodge-Markham for which defendant and Docster were coguarantors. In February 2000, plaintiff brought an action against, among others, defendant for fraud in connection with the management agreement, and defendant...

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