Schwartz v. Israel Discount Bank — 238 A.D.2d 172

Majority

p. 172

Albert Schwartz, Plaintiff, v Israel Discount Bank of New York, Defendant. Albert Schwartz, Third-Party Plaintiff-Respondent, v Michael Landes, Third-Party Defendant-Appellant.

[655 NYS2d 954]

—Order and judgment, Supreme Court, New York County (Herman Cahn, J.), entered January 5, 1996 and February 14, 1996, respectively, unanimously affirmed for the reasons stated by Herman Cahn, J., with costs and disbursements. We also note that the third-party defendant’s claim regarding the mutual oral release is incredible and a sham under the facts and circumstances of this case. No opinion. Concur—Rosenberger, J. P., Wallach, Nardelli and Rubin, JJ.