USOWSKI v. ALL TOM R.V. INC.

2009-07920

73 A.D.3d 754 (2010)

899 N.Y.S.2d 650

FRANCIS F. USOWSKI, Respondent, v. ALL TOM R.V. INC., Doing Business as CRESTWOOD R.V. CENTER, et al., Defendants, and BANK OF THE WEST, Appellant. (And a Third-Party Action.)

Appellate Division of the Supreme Court of New York, Second Department.

Decided May 4, 2010.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and those branches of the motion of the defendant Bank of the West which were for summary judgment dismissing the complaint insofar as asserted against it and for summary judgment on its counterclaim for possession of the subject vehicle are granted.

The defendant Bank of the West (hereinafter the defendant) established its prima facie entitlement to judgment as a matter of law by...

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