Heimbuch v. National City Bank of Pennsylvania

Appeal from an order of the Supreme Court, Chautauqua County (Joseph Gerace, J.), entered September 12, 2003. The order, insofar as appealed from, denied the cross motion of defendant National City Bank of Pennsylvania for partial summary judgment dismissing the first cause of action against it.

It is hereby ordered that the order insofar as appealed from be and the same hereby is unanimously reversed on the law without costs, the cross motion is granted and the first cause of action against defendant National City Bank of Pennsylvania is dismissed.

Memorandum: As limited by its brief, National…