Marine Midland Bank v. Embassy East, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order, Supreme Court, New York County (Andrew Tyler, J.), entered April 26, 1989, which denied plaintiff-appellant’s motion for summary judgment, *421unanimously reversed, on the law, and the motion granted, with costs.
Supreme Court erred in denying the motion by plaintiff-appellant Marine Midland Bank for summary judgment, on the ground that the supporting affidavit of a vice-president who did not take part in the loan negotiations and did not have personal knowledge of the facts was insufficient. The affidavit was based upon documentary evidence which is legally admissible. As such, it is…
2Cases cited8 opinions
- Citibank, N. A. v. PlapingerNew York Court of Appeals · 1985
- Pimpinello v. Swift & Co.New York Court of Appeals · 1930
- Olan v. Farrell Lines Inc.New York Court of Appeals · 1985
- Oates v. MarinoAppellate Division of the Supreme Court of the State of New York · 1984
- Marine Midland Bank, N. A. v. CES/Compu-Tech, Inc.Appellate Division of the Supreme Court of the State of New York · 1989
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