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CITIBANK, N.A. v. SILVERMAN

4281, 105168/09.

84 A.D.3d 425 (2011)

922 N.Y.S.2d 56

CITIBANK, N.A., Appellant, v. HARVEY SILVERMAN et al., Respondents.

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

Decided May 3, 2011.

Plaintiff established prima facie its entitlement to summary judgment on its cause of action to recover $10 million from defendants by submitting the credit agreement and the note executed by defendants and a power of attorney executed by them authorizing a business associate, Marc Roberts, to make withdrawals (see Takeuchi v Silberman, 41 A.D.3d 336, 336-337 [2007]). In opposition, defendants claimed that they were defrauded by...

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