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GESELL v. FIRST NAT'L CITY BANK OF NEW YORK

24 A.D.2d 424 (1965)

Violet V. Gesell, as Substitutionary Administratrix with the Will Annexed of Laura Gesell, Deceased, et al., Respondents, v. First National City Bank of New York, Appellant

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

June 10, 1965

Order, entered on December 18, 1964, unanimously reversed on the law, with $30 costs and disbursements to appellant, and the motion to dismiss the fifth cause of action granted, with $10 costs.

The fifth cause of action is in negligence and charges that defendant breached a duty owed plaintiffs by accepting forged signatures of plaintiffs on securities pledged with defendant for loans made to another. Before there can be...

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