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Savings Bank of Utica v. Valley Plaza Associates, L.P.
Citations: 255 A.D.2d 974; 679 N.Y.S.2d 870; 1998 N.Y. App. Div. LEXIS 12244
Court: Appellate Division of the Supreme Court of the State of New York; November 12, 1998; New York; State Appellate Court
The order has been modified and affirmed without costs. There was a noted discrepancy between the Supreme Court's decision and the subsequent order. The court's decision granted the plaintiff's motion for summary judgment against Chase Manhattan Bank, N.A., acting as executor/trustee of Hugh J. Knapp's estate, and denied Chase Manhattan's cross motion to dismiss the complaint. However, the subsequent order did not address these motions. In cases of conflict between the order and the decision, the decision takes precedence (referencing Matter of Edward V., 204 AD2d 1060, 1061). The order has been modified to align with the court's decision. The appeal originated from the Supreme Court in Monroe County, with Judges Denman, Hayes, Pigott, Jr., and Fallon presiding.