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FARGO, N.A. v. MARIELLE TEXTILE, INC.

39 A.D.3d 210 (2007)

831 N.Y.S.2d 708

WELLS FARGO, N.A., Appellant, v. MARIELLE TEXTILE, INC., Defendant, and DONALD GELBER, Respondent.

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

Decided April 3, 2007.

Although we find, contrary to the trial court, that a proper foundation was laid for the admission of a microfiche copy of the loan application at issue (see Briar Hill Apts. Co. v Teperman, 165 A.D.2d 519, 521-522 [1991]; Berrios v Lumbermens Mut. Cas. Co., 162 A.D.2d 365 [1990]), we affirm the dismissal of the complaint based on the trial court's finding of fact that the document sued...

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