Marine Midland Bank v. Fisher
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order unanimously reversed, on the law and facts, with costs, plaintiff’s motion for summary judgment denied, and judgment vacated. Memorandum: Defendant appeals from an order of November 26, 1980 which granted plaintiff Marine Midland Bank (Bank) summary judgment in its action on a note executed by defendant and her deceased husband. Contrary to plaintiff’s assertion, the order is appealable. While the decretal paragraph of that order merely states that defendant’s motion to reargue was denied, it must be read in conjunction with the decisions in the proceedings before Special Term. On…
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