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MASO MACH. & TOOL CORP. v. FIRST NAT'L CITY BANK OF NEW YORK

20 A.D.2d 633 (1964)

Maso Machine & Tool Corp., Respondent, v. First National City Bank of New York, Defendant-Appellant and Third-Party Plaintiff. Chemical Bank New York Trust Company et al., Third-Party Defendants

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

January 30, 1964

Judgment in favor of plaintiff, modified, on the law and on the facts, to the extent of deleting the first decretal paragraph and directing a new trial on the first cause of action, with costs to abide the event.

The verdict is against the weight of the credible evidence on the question of plaintiff's negligence. (Morgan v. United States Mtge. & Trust Co., 208 N.Y. 218; Ford, Bacon & Davis v. Irving Trust Co., N. Y. L. J., May 18, 1934, p. 2423...

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