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Davis Auction House, Inc. v. Ontario National Bank

201 A.D.2d 881 Court N.Y. App. Div. Decision date 1994-02-04 Docket Appeal No. 3 English

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p. 881
Davis Auction House, Inc., Plaintiff, v Ontario National Bank, Defendant and Third-Party Plaintiff-Respondent. Bank of New York, Third-Party Defendant-Appellant and Fourth-Party Plaintiff, et al., Fourth-Party Defendant.
(Appeal No. 3.)
[609 NYS2d 887]

—Order and judgment unanimously reversed on the law without costs and third-party complaint dismissed. Same Memorandum as in Davis Auction House v Ontario Natl. Bank ([appeal No. 1] 201 AD2d 878 [decided herewith]). (Appeal from Order and Judgment of Supreme Court, Ontario County, Harvey, J. — Alteration of Commercial Instrument.) Present — Denman, P. J., Green, Balio, Lawton and Boehm, JJ.