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ERBE v. LINCOLN ROCHESTER TRUST CO.

4 N.Y.2d 921 (1958)

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

Court of Appeals of the State of New York.

Decided May 8, 1958.

Attorney(s) appearing for the Case

William H. Morris for motion to dismiss appeal.

Harold G. Hutchens opposed.

Motion to have appeal heard upon the required number of copies of the record and seven copies of the exhibits and papers granted.

Motion to dismiss appeal denied. Upon the hearing of the appeal the parties may reargue the question whether the decisions of Special Term and the Appellate Division denying the motion to strike the defense are in accord with the remittitur of the Court...

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