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MUSTACCHIA v. LAFAYETTE NAT'L BANK

20 N.Y.2d 810 (1967)

Joseph Mustacchia, Appellant, v. Lafayette National Bank et al., Defendants-Respondents and Third-Party Plaintiffs-Appellants. John B. Kelly, Inc., Third-Party Defendant-Respondent.

Court of Appeals of the State of New York.

Decided October 24, 1967.

Attorney(s) appearing for the Case

Charles L. Cusumano for plaintiff-appellant.

B. Leo Schwarz and Marc Bazin for defendants-respondents and third-party plaintiffs-appellants.

Anne M. Powell, David T. Walsh and Philip Weiss for third-party defendant-respondent.

Concur: Chief Judge FULD and Judges VAN VOORHIS, BURKE, SCILEPPI, BERGAN and BREITEL. Judge KEATING dissents and votes to reverse and to grant a new trial on the dissenting opinion at the Appellate Division.

Order affirmed, without costs...

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