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McCONVILLE v. BRETSCH

10 A.D.2d 883 (1960)

Eileen McConville, as Administratrix of The Estate of William J. Bretsch, Deceased, Respondent, v. Gertrude Bretsch, Appellant, et al., Defendant

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

April 25, 1960

Judgment insofar as appealed from affirmed, without costs.

No opinion.

Nolan, P. J., dissents and votes to reverse the judgment and to grant a new trial, with the following memorandum:

In the first cause of action pleaded in the complaint, upon which respondent recovered judgment, it was alleged that appellant had withdrawn the entire balance on deposit in a savings bank account in the intestate's name, without his authority and knowledge...

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