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NATIONAL BANK OF NORTH AM. v. SYSTEMS HOME IMPROVEMENT

Court of Appeals of the State of New York.
May 29, 1980

Order affirmed, with costs, for reasons stated in the opinion by Mr. Justice CHARLES MARGETT at the Appellate Division ( 69 A.D.2d 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.