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JOHN A. JOHNSON & SONS, INC. v. NAT'L CITY BANK OF NEW YORK

6 A.D.2d 1055 (1958)

John A. Johnson & Sons, Inc., Appellant, v. National City Bank of New York et al., Respondents, et al., Defendant

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

October 27, 1958

Order on reargument affirmed, with $10 costs and disbursements.

On the record presented it does not appear that the issues raised in the answers concerning the rights and priorities of the respective defendants in relation to the fund on deposit in court have been tried. Distribution of the fund must await the entry of a final judgment or an order pursuant to section 285 of the Civil Practice Act after the adjudication of all the issues raised by the pleadings. (Cf...

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