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CITY BANK FARMERS TRUST v. MACFADDEN

13 A.D.2d 395 (1961)

City Bank Farmers Trust Company, as Trustee under Deed of Trust Made by Bernarr Macfadden, Respondent, v. Mary Macfadden, Respondent, and Bernarr Macfadden Foundation, Inc., et al., Appellants

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

June 13, 1961.

Attorney(s) appearing for the Case

Edward N. Costikyan of counsel (John G. Simon with him on the brief; Paul, Weiss, Rifkind, Wharton & Garrison, attorneys), for Bernarr Macfadden Foundation, Inc., and others, appellants.

Maurice V. Seligson of counsel for Mary Macfadden, respondent.

Richard J. Turk, Jr., of counsel (Turk, Marsh, Ouchterloney & Kelly, attorneys), for City Bank Farmers Trust Company, as trustee, respondent.

BOTEIN, P. J., and RABIN, J., concur with EAGER, J.; STEVENS, J., dissents in part in opinion in which McNALLY, J., concurs.

EAGER, J.

This is an appeal by the defendants from the interlocutory judgment herein excepting such portion of the said judgment which consists of decretal paragraphs numbered "1" and "3" relating to the first and third causes of action and to the counterclaim of defendant Bernarr Macfadden Foundation, Inc. Therefore, the appeal by the defendants is from the judgment insofar as it is in favor of the plaintiff...

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