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ERBE v. LINCOLN ROCHESTER TRUST CO.

2 A.D.2d 247 (1956)

Gustav Erbe, Jr., et al., Individually and as Administrators C. T. A. of Frederick G. Erbe, Deceased, et al., Appellants-Respondents, v. Lincoln Rochester Trust Company et al., Respondents-Appellants

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

July 13, 1956.

Attorney(s) appearing for the Case

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

William H. Morris and Leonard S. Zartman for Lincoln Rochester Trust Company and another, respondents.

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

All concur. Present — McCURN, P. J., KIMBALL, WHEELER, WILLIAMS and BASTOW, JJ.

Per Curiam.

The complaint has been dismissed as to the plaintiffs Erbe upon motion under rule 107 of the Rules of Civil Practice upon the ground that the action was not commenced within the time limited by the Statute of Limitations. It was dismissed as to the plaintiff Yawman as executrix upon the ground that the cause or causes of action contained therein are barred by a release. The individual cause of action of...

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