STEPHEN v. ZIVNOSTENSKA BANKA, NAT'L CORP.


12 N.Y.2d 781 (1962)

John A. Stephen, Formerly Known as Hans Augstein, Plaintiff, and Otto Augstein, Respondent, v. Zivnostenska Banka, National Corporation, Also Known as Zivnostenska Banka, National Corporation, Formerly Zivnostenska Banka or Zivnostenska Bank, Appellant, and Edwin B. Wolchok, as Receiver, Respondent.

Court of Appeals of the State of New York.

Decided November 1, 1962.


Attorney(s) appearing for the Case

Lemuel Skidmore and Howard F. Ordman for appellant.

Sigmund Timberg, Alexander Slater and Abraham Wolf for Edwin B. Wolchok, receiver, respondent.

Nicholas R. Doman for plaintiff-respondent.

Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS and FOSTER. Judge BURKE dissents in the following opinion.


Order affirmed, with costs, upon the opinion at the Appellate Division. Question certified answered in the affirmative.

BURKE, J. (dissenting).

I dissent and vote to reverse. The property in dispute here is specific property consisting of securities presently held by several New York banks for the account of the Zivnostenska Banka and were held by that bank in the New York banks as a custodian for the various private owners. According to the United...

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