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ERBE v. LINCOLN ROCHESTER TR. CO.

3 Misc.2d 371 (1956)

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

Supreme Court, Special Term, Monroe County.

March 22, 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, defendants.

Wallace J. Wolf, Jr., defendant in person and for Anna M. Wolf, defendant.

CARROLL M. ROBERTS, J.

This is a motion by defendants to dismiss the complaint pursuant to rule 107 of the Rules of Civil Practice. The motion is based upon the grounds, (1) that there is a final judgment in a related action which constitutes a bar to the present action; (2) that the action is barred by the Statute of Limitations; and (3) as to the claim of the plaintiff, May G. Yawman, individually and as executrix...

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