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Full opinion text

Judgment, insofar as appealed from, unanimously reversed, without costs, and complaint dismissed against defendants Swearingen. Same memorandum as in Bank of Castile v Salerno (appeal No. 1) (99 AD2d 663). (Appeal from judgment of Supreme Court, Wyoming County, Newman, J. — auction — payment for goods purchased.) Present — Hancock, Jr., J. P., Callahan, Doerr, Denman and Moule, JJ.