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MARINE MIDLAND BANK, N.A., Plaintiff, v. EDWARD T. BOWKER, Defendant and Third-Party Plaintiff-Appellant. JOHN F. BYRNE, Doing Business as JACK BYRNE FORD MERCURY, et al., Third-Party Defendants-Respondents.

Order affirmed, with costs, for the reasons stated in so much of the opinion by Justice HOWARD A. LEVINE at the Appellate Division as regards the subject matter jurisdiction of County Court ( 89 A.D.2d 194).

Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and SIMONS. Taking no part: Judge FUCHSBERG.

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MARINE MIDLAND BANK v. BOWKER
(May 10, 1983)