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Chemical Bank v. Equity Holding Corp.

Appellate Division of the Supreme Court of New York, First Department
Oct 6, 1998
254 A.D.2d 56 (N.Y. App. Div. 1998)

Opinion

October 6, 1998

Appeal from the Supreme Court, New York County (Carol Huff, J.).


We agree with the IAS Court that no issue of fact exists as to whether plaintiff's payment to defendants of the certificate of deposit in question, which had been assigned to third-party defendant with notice to plaintiff, was a mistake ( see, Manufacturers Hanover Trust Co. v. Chemical Bank, 160 A.D.2d 113, 117, lv denied 77 N.Y.2d 803). Plaintiff's second summary judgment motion was impliedly permitted by the denial of the first motion as premature, and moreover was based on new evidence gained by discovery that was explicitly anticipated in the first motion ( see, Smith v. Metropolitan Transp. Auth., 226 A.D.2d 168, lv denied 89 N.Y.2d 803, cert. denied sub nom. Smith v. Metro-North Commuter R. R., 520 U.S. 1186).

Concur — Rosenberger, J. P., Ellerin, Wallach and Williams, JJ.


Summaries of

Chemical Bank v. Equity Holding Corp.

Appellate Division of the Supreme Court of New York, First Department
Oct 6, 1998
254 A.D.2d 56 (N.Y. App. Div. 1998)
Case details for

Chemical Bank v. Equity Holding Corp.

Case Details

Full title:CHEMICAL BANK, Respondent, v. EQUITY HOLDING CORP. et al., Appellants and…

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

Date published: Oct 6, 1998

Citations

254 A.D.2d 56 (N.Y. App. Div. 1998)
679 N.Y.S.2d 277

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