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National Bank of North America v. Systems Home Improvement, Inc.

50 N.Y.2d 814 Court N.Y. Decision date 1980-05-29 English

Contents

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p. 814
National Bank of North America, Respondent, v Systems Home Improvement, Inc., et al., Appellants, et al., Defendants.
Argued April 24, 1980;
decided May 29, 1980
p. 816
APPEARANCES OF COUNSEL
Joseph A. Suozzi, Jeffrey G. Stark, Malachy Mahon and James M. La Rossa for appellants.
Edward N. Meyer, Robert E. Kushner and Robert D. Lang for respondent.

OPINION OF THE COURT

Order affirmed, with costs, for reasons stated in the opinion by Mr. Justice Charles Margett at the Appellate Division ( 69 AD2d 557 ), adding only that the parties were free to and did chart and follow their own course as to the burden of proof.

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg. Taking no part: Judge Meyer.

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