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CITIBANK, N.A. v. FIORILLA

651702/10, 13085, 591157/10, 13084.

121 A.D.3d 435 (2014)

994 N.Y.S.2d 566

2014 NY Slip Op 06683

CITIBANK, N.A., Respondent, v. JOHN L. FIORILLA, Appellant. JOHN LEOPOLDO FIORILLA TRUST et al., Third-Party Plaintiffs-Appellants, v. CITIGROUP FINANCIAL PRODUCTS, INC., Third-Party Defendant-Respondent.

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

Decided October 2, 2014.

Judgment, Supreme Court, New York County (Barbara R. Kapnick, J.), entered October 2, 2013, awarding plaintiff Citibank, N.A. damages on its action to recover payment on a promissory note, and dismissing defendant John Fiorilla's counterclaim and the third-party complaint, unanimously affirmed, with costs. Appeal from order, same court and Justice, entered April 9, 2013, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

Defendant John...

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