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NEW YORK TRUST CO. v. BEAIRSTO

42 Misc.2d 419 (1964)

New York Trust Company, Plaintiff, v. Harold J. Beairsto et al., Doing Business under the Name of Beairsto & Co., Defendants.

Supreme Court, Special Term, New York County.

January 22, 1964

Attorney(s) appearing for the Case

Corcoran, Kostelanetz & Gladstone (Boris Kostelanetz, Thomas F. Ryan and Edward J. Daus of counsel), for defendants. White & Case (John M. Johnston, Chester Bordeau and John D. Lockton of counsel), for plaintiff.

SAUL S. STREIT, J.

This is a motion by defendants for summary judgment dismissing the complaint.

Plaintiff bank alleges that it made a loan of $400,000 to Wolz, Aiken & Co. in reliance on a false financial statement made by defendants, a firm of certified public accountants. It claims damages of $138,436.77 representing the allegedly unpaid amount of the loan.

This motion to dismiss is not...

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