Nassau Trust Co. v. Wes Carman's Marina, Inc.

OPINION OF THE COURT

Arthur D. Spatt, J.

Motion by sixth-party defendant Long Island Trust Company (Long Island) for an order, pursuant to CPLR 3211 (subd [a]), dismissing the sixth-party complaint served on said party on or about July 3, 1981, on the grounds that said complaint fails to state a cause of action, and that *552there is a defense to said complaint founded upon documentary evidence, after hearing oral argument by the parties and upon review of the supplementary papers submitted pursuant to this court’s prior order dated July 2, 1982 (Spatt, J.), same is denied.

By prior order referred…