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FIVE STAR BANK v. CNH CAPITAL AMERICA, LLC

55 A.D.3d 1279 (2008)

865 N.Y.S.2d 190

FIVE STAR BANK, as Successor to NATIONAL BANK OF GENEVA, Respondent, v. CNH CAPITAL AMERICA, LLC, as Successor to CASE CREDIT CORPORATION and NEW HOLLAND CREDIT CORPORATION, et al., Defendants, and WHITE'S FARM SUPPLY, INC., Appellant.

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

October 3, 2008.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs, the motion is denied, summary judgment is granted in favor of defendant White's Farm Supply, Inc. and the second amended complaint is dismissed.

Memorandum:

Supreme Court erred in granting plaintiff's motion seeking summary judgment on the second amended complaint against defendant White's Farm Supply, Inc. (WFS). Plaintiff, as successor to the National...

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