Fleet National Bank v. D'Orsi
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*899Appeal from an order of the Supreme Court, Monroe County (Patricia D. Marks, A.J.), dated April 1, 2004. The order, among other things, granted plaintiffs motion for summary judgment against defendants Carol A. D’Orsi, also known as Carol Hummel, and Robert W. Hummel.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying those parts of the motion seeking summary judgment and appointment of a referee and by vacating the last ordering paragraph and as modified the order is affirmed without costs.
Memorandum: Defendant Robert W.…
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