FRANKLIN NAT'L BANK v. CLARK


26 Misc.2d 724 (1961)

Franklin National Bank of Long Island, Plaintiff, v. G. Russell Clark, as Superintendent of Banks of the State of New York, et al., Defendants.

Supreme Court, Special and Trial Term, New York County.

March 14, 1961


Attorney(s) appearing for the Case

Howard Hilton Spellman, William Charles Herman, Henry A. Weinstein, Samuel G. Fredman and Benjamin D. Share for plaintiff. Louis J. Lefkowitz, Attorney-General (Raphael P. Koenig of counsel), for Superintendent of Banks, defendant. Milbank, Tweed, Hope & Hadley (A. Donald MacKinnon and Roy C. Haberkern, Jr., of counsel), for Chase Manhattan Bank, defendant. Cravath, Swaine & Moore (Albert R. Connelly of counsel), for Chemical Bank New York Trust Company, defendant. Wingate & Cullen (Platt K. Wiggins and William M. Johnson of counsel), for Fulton Savings Bank, Kings County, defendant. Hodges, Reavis, McGrath & Downey (Dennis B. Sullivan of counsel), for East New York Savings Bank and others, defendants. Sprague & Stern (Henry Root Stern, Jr., of counsel), for Williamsburgh Savings Bank and others, defendants. Cullen & Dykman (Richard F. Funk and Frederick E. Willits of counsel), for Brooklyn Savings Bank, defendant.


IRVING H. SAYPOL, J.

This is a consolidated action for a declaratory judgment and incidental relief by a Nassau County bank against the Superintendent of Banks, two commercial banks, and eight savings banks with principal offices in New York City. At the close of the trial the complaint was dismissed against the Brooklyn Savings Bank because its status in the litigation had become academic.

After trial...

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