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HILLSLEY v. STATE BANK OF ALBANY

24 A.D.2d 28 (1965)

Morton B. Hillsley, Respondent-Appellant, v. State Bank of Albany, Appellant-Respondent, and Glennon Builders, Inc., et al., Respondents, et al., Defendants

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

October 19, 1965.

Attorney(s) appearing for the Case

Irving I. Waxman of counsel (Lester R. Rubin, attorney), for respondent-appellant.

John E. Knauf of counsel (Ainsworth, Sullivan, Tracy & Knauf, attorneys), for appellant-respondent.

Lambert L. Ginsberg of counsel (Smith, Pattison, Sampson & Jones, attorneys), for Union National Bank of Troy, respondent.

John J. Glavin for Thomas J. Birmingham and another, respondents.

BREITEL, J. P., RABIN, VALENTE and STEUER, JJ., concur.

McNALLY, J.

By order of the Appellate Division, Third Department, dated May 17, 1965, the appeals from the amended judgment entered in Albany County on October 30, 1964, after a nonjury trial, have been transferred to this Department. That court on a previous appeal affirmed a denial of State Bank of Albany's motion for summary judgment (17 A.D.2d 686) and subsequently vacated...

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