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ERBE v. LINCOLN ROCHESTER TRUST CO.

1 Misc.2d 413 (1955)

Gustav Erbe, Jr., Individually and as Executor and Trustee under the Will of Gustav Erbe, Deceased, et al., Plaintiffs, v. Lincoln Rochester Trust Company, Individually and as Executor and Trustee under the Will of Gustav Erbe, Deceased, et al., Defendants.

Supreme Court, Special Term, Monroe County.

November 14, 1955.

Attorney(s) appearing for the Case

T. Carl Nixon, William H. Morris and Leonard A. Zartman for Lincoln Rochester Trust Company, individually and as executor and trustee, and another, defendants.

Wallace J. Wolf, Jr., for Wallace J. Wolf and another, defendants.

Harold G. Hutchens and Matthew J. Shevlin for plaintiffs.

WITMER, J.

Defendants have moved for dismissal of the amended complaint herein under rule 107 of the Rules of Civil Practice on the grounds that a final decree in Monroe County Surrogate's Court determined on the merits the same issues presented by the amended complaint as between plaintiffs and defendant, Lincoln Rochester Trust Company, and is res judicata as to them, and that the Statute of Limitations...

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