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LANCE INTL. v. FIRST NATL. CITY

No. 152545/93

24 Misc.3d 1109 (2009)

878 N.Y.S.2d 572

LANCE INTERNATIONAL, INC., Plaintiff, v. FIRST NATIONAL CITY BANK, Defendant.

Civil Court of the City of New York, New York County.

Decided April 6, 2009.

Attorney(s) appearing for the Case

Kramer Levin Naftalis & Frankel LLP (Marshall Fishman of counsel), for defendant.

The Roth Law Firm, PLLC (Richard Roth of counsel), for plaintiff.

OPINION OF THE COURT

ARTHUR F. ENGORON, J.

It is hereby ordered that defendant's motion is granted and plaintiff's motion is denied.

Brief Factual Background of Underlying Controversy

The instant case arises out of World War II, when Japanese soldiers tunneled under a certain area of Okinawa in defense of their homeland. Some 20 years later, in or about 1962, pursuant to Contract...

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