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Gateway State Bank v. Dacchille

Appellate Division of the Supreme Court of New York, Second Department
Mar 31, 1997
237 A.D.2d 562 (N.Y. App. Div. 1997)

Opinion

March 31, 1997.

In an action brought on by a motion for summary judgment in lieu of complaint, the defendant Anthony B. Dacchille appeals from stated portions of an order of the Supreme Court, Richmond County (Sangiorgio, J.), dated November 21, 1995, which, inter alia, in effect denied those branches of his motion which were (1) to direct the assignees of the plaintiff, Gateway State Bank, to file a satisfaction piece, (2) for an accounting, (3) for the return of surplus money, and (4) for discovery.

Before: Miller, J. P., Sullivan, Florio and Luciano, JJ.


Ordered that the order is modified by deleting the provision thereof which denied that branch of the motion of the appellant which was to direct the assignees of the plaintiff, Gateway State Bank, to execute and file a satisfaction piece and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.

Under the circumstances the Supreme Court should have granted that branch of the appellant's motion which was to direct the assignees of the plaintiff, Gateway State Bank, to execute and file a satisfaction piece.


Summaries of

Gateway State Bank v. Dacchille

Appellate Division of the Supreme Court of New York, Second Department
Mar 31, 1997
237 A.D.2d 562 (N.Y. App. Div. 1997)
Case details for

Gateway State Bank v. Dacchille

Case Details

Full title:GATEWAY STATE BANK, Respondent v. ANTHONY B. DACCHILLE, Also Known as…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 31, 1997

Citations

237 A.D.2d 562 (N.Y. App. Div. 1997)
655 N.Y.S.2d 985