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BANK OF NEW YORK v. PUB. NAT'L BANK & TRUST CO. OF NEW YORK

277 A.D. 963 (1950)

Bank of New York, Appellant, v. Public National Bank and Trust Company of New York et al., Defendants Public National Bank and Trust Company of New York, Third-Party Plaintiff-Respondent, v. Royal Industrial Bank et al., Third-Party Defendants-Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

October 3, 1950.

Order unanimously modified by eliminating the provision for the examination of Mergenthaler Linotype Co., through Charles F. Lucek, its comptroller, and the provision directing Mergenthaler Linotype Co. to produce its books and records.

The examination of the other witnesses should proceed as unusual circumstances are present justifying the granting of their examinations, the dates for said examinations to proceed to be fixed in the order. No opinion.

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