Marine Midland Bank, N. A. v. Vivlamore

Appeals (1) from that part of an order of the Supreme Court (Plumadore, J.), entered September 3, 1991 in Franklin County, which dismissed defendants’ first affirmative defense, (2) from an order of said court, entered November 6, 1991 in Franklin County, which, upon reargument, granted plaintiff’s motion for summary judgment, and (3) from that part of an order of said court, entered February 5, 1992 in Franklin County, which granted plaintiff’s application for costs and sanctions.

In December 1988, defendants purchased a used car from Bailey Motor Company, Ltd. (hereinafter the seller). They…