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HARLING v. BACHE & CO.

18 A.D.2d 963 (1963)

Eileen M. Harling, Individually and as Guardian ad Litem of Virginia R. Harling, an Infant, Appellant, v. Bache & Co., Defendant-Respondent and Third-Party Appellant. William E. Nuth, Third-Party Defendant-Respondent

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

February 28, 1963

Order unanimously affirmed, without costs of this appeal to either party.

Memorandum:

For the purpose of passing upon the plaintiff's motion for summary judgment, we take account of the third-party defendant's answer and affidavit. However, we do not at this time pass upon the sufficiency of the original defendant's answer to enable it to raise the defense of the delivery of the securities to the holder of paramount...

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