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THE MERCHANTS BANK OF NEW YORK v. GROSS

36 A.D.3d 485 (2007)

826 N.Y.S.2d 567

THE MERCHANTS BANK OF NEW YORK, a Division of VALLEY NATIONAL BANK, Appellant-Respondent, v. HAROLD GROSS, Individually and Doing Business as GROSS ENTERPRISE, Respondent-Appellant.

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

Decided January 16, 2007.

Summary judgment in favor of either party is precluded by an issue of fact as to whether the note had been received by the...

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