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BILLINGS v. EAST RIVER SAV. BANK

33 A.D.2d 997 (1970)

Bessie Billings, as Administratrix, C. T. A. of The Estate of Lillis Cooper, Deceased, Plaintiff, v. East River Savings Bank, Defendant and Third-Party Plaintiff-Respondent. Martin P. Clayton et al., Third-Party Defendants; Morgan Guaranty Trust Company of New York, Third-Party Defendant-Appellant

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

February 2, 1970

Order entered September 13, 1968, denying third-party defendant-appellant's motion to dismiss the third-party complaint, unanimously reversed, on the law, with $50 costs and disbursements to the third-party defendant-appellant, and the motion granted, the action severed and the third-party complaint dismissed as to Morgan Guaranty Trust Company of New York.

The depositor, the third-party plaintiff-respondent, having failed to give notice of the forged indorsements...

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