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CHEM. BANK N. Y. TRUST v. STATE OF N. Y.

27 A.D.2d 427 (1967)

Chemical Bank New York Trust Co., Respondent, v. State of New York, Appellant. (Claim No. 43916.)

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

May 15, 1967.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Robert L. Harrison and Ruth Kessler Toch of counsel), for appellant.

Frank J. Cahill, Jr., and William I. Rodier, Jr., for respondent.

GIBSON, P. J., HERLIHY, REYNOLDS, STALEY, JR., and GABRIELLI, JJ., concur in opinion per REYNOLDS, J.

REYNOLDS, J.

This is an appeal by the State of New York from a judgment of the Court of Claims (DEL GIORNO, J.), awarding claimant summary judgment in the amount of $2,730.

On January 23, 1964 claimant loaned 575 Mediterranee Ltd. $2,500, the amount of deposits required to accompany Mediterranee's application to the State Liquor Authority for a restaurant liquor license for on-premises consumption and a retail

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