3 N.Y.2d 842 (1957)

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

Court of Appeals of the State of New York.

Decided July 3, 1957.

Attorney(s) appearing for the Case

William H. Morris and Leonard S. Zartman for Lincoln Rochester Trust Company and others, appellants.

William H. Morris and Wallace J. Wolf, Jr., for Wallace J. Wolf and another, appellants.

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

Concur: CONWAY, Ch. J., DESMOND, DYE, FULD, FROESSEL and BURKE, JJ. VAN VOORHIS, J., dissents and votes to reverse and to dismiss the complaint for the reasons stated by ROBERTS, J., in his opinion at Special Term.

Order affirmed, with costs. First and second questions certified answered in the negative. No opinion.


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