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GENESEE BANK v. PALUMBO

9 Misc.3d 823 (2005)

799 N.Y.S.2d 883

GENESEE REGIONAL BANK, Plaintiff, v. KIMBERLY A. PALUMBO et al., Defendants.

Supreme Court, Monroe County.

August 1, 2005.

Attorney(s) appearing for the Case

Relin, Goldstein & Crane LLP, Rochester (Jason M. Housel of counsel), for plaintiff.

Palmiere Law Firm, Rochester (Nor- Andrew Palmiere of counsel), for Kimberly Palumbo, defendant.

Stephen M. Leonardo, Rochester, for Mark A. Palumbo, defendant.

Vincent M. Barone, Rochester, for Xerox Federal Credit Union, defendant.

OPINION OF THE COURT

WILLIAM P. POLITO, J.

This action was brought on or about January 11, 2005 to recover possession and sale of a 2003 Ford Expedition automobile, or, in the alternative, damages for its conversion.

There was and is a pending action previously commenced on March 5, 2004 for the same relief in Supreme Court, Commercial Part, against the dealer, Page One, and the defendant herein, Mark Palumbo, in which action the plaintiff obtained...

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