JMD HOLDING CORP. v. CONGRESS FINANCIAL CORPORATION (N.Y. 3-31-2005)

JMD HOLDING CORP., Respondent, v. CONGRESS FINANCIAL CORPORATION, Appellant, FIRST UNION NATIONAL BANK, Defendant.

Court of Appeals of the State of New York.
Decided March 31, 2005.

Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo and R.S. Smith concur.

Opinion by Judge READ.

Order modified, without costs, and case remitted to Supreme Court, New York County, for further proceedings in accordance with the opinion herein and, as so modified, affirmed.