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BLOOM v. BANK FOR SAV.

19 Misc.2d 784 (1959)

Shirley Bloom, as Guardian ad Litem of Stuart Bloom, an Infant, Respondent, v. Bank for Savings, Appellant.

Supreme Court, Appellate Term, Second Department.

October 2, 1959.

Attorney(s) appearing for the Case

Samuel Gottesman and Gerald M. Smith for appellant.

Henry J. Krissoff and Bernard Meyerson for respondent.

Concur — PETTE, HART and BROWN, JJ.

Per Curiam.

In our view of the evidence, there was no showing that the defendant failed to use the due care and diligence required of it in paying out the moneys in suit. (Noah v. Bank for Sav., 171 App. Div. 191; Geitelsohn v. Citizens' Sav. Bank, 17 Misc. 574; Appleby v. Erie County Sav. Bank, 62 N.Y. 12; Kelley v. Buffalo Sav. Bank, 180 N.Y. 171; Campbell v. Schenectady Sav. Bank, 114 App. Div. 337.) The proper party plaintiff...

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