Manufacturers & Traders Trust Co. v. Bittorf

Order, Supreme Court, New York County (Leland DeGrasse, J.), entered on or about March 18, 1994, which, inter alia, denied plaintiff’s cross-motion for summary judgment, granted defendant Kokot’s cross-motion for summary judgment, and dismissed the complaint in its entirety, unanimously modified, on the law, to the extent that the complaint be reinstated as to both defendants, and otherwise affirmed, without costs.

The IAS Court erred in dismissing the complaint as to each defendant. Defendant Kokot’s arguments in support of his cross-motion for summary judgment have merit to the extent that…