ERBE v. LINCOLN ROCHESTER TRUST CO.


7 A.D.2d 963 (1959)

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

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

February 5, 1959


Order reversed, with $10 costs and disbursements and motion denied, without costs, without prejudice to the right to renew upon proper papers if defendants are so advised after completion of examinations to be had under the orders in the companion appeals and after plaintiffs have furnished an additional or supplemental bill of particulars, if so advised, or have had a reasonable time thereafter to do so.

Memorandum:

The order appealed from must be reversed...

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