United States District Court, Southern District of New York
March 25, 2003
UNITED BANK FOR AFRICA PLC, PLAINTIFF, AGAINST ADEGBOYEGA A. COKER, DEFENDANT.
The opinion of the court was delivered by: Thomas P. Griesa, United States District Judge
On August 21, 2001 plaintiff moved for summary judgment. On October 3, 2001 defendant moved for summary judgment on three of the four counts in plaintiff's complaint.
In a letter dated January 30, 2003 plaintiff's counsel requested that plaintiff's motion for summary judgment be held in abeyance pending defendant's required appearance at a deposition. However, plaintiff requests that defendant's cross-motion for summary judgment be dealt with by the court. The court believes that the suggestion of plaintiff's counsel is appropriate.
It is clear that defendant's cross-motion must be denied. It does not in any way demonstrate, beyond a triable issue of fact, that defendant should prevail on the three counts. To say the least, there are such triable issues.
Defendant's cross-motion for summary judgment is denied.
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