FIRST NAT'L CITY BANK v. VALENTINE


34 A.D.2d 620 (1970)

First National City Bank, Respondent-Appellant, v. Charles C. Valentine et al., Appellants-Respondents, et al., Defendant, and Standard Tank Cleaning Corp. et al., Respondents

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

February 11, 1970


Motion granted, unless plaintiff, on or before February 16, 1970, serves and files in this court a written consent, in accordance with the written offer in the affidavit in opposition to this motion, (1) to vacatur of so much of said order as struck out the first defense in the Valentine defendants' answer to the extent that it pleads lack of consideration and (2) to withdraw its cross appeal from said order, all with reservation of right to it and the Valentine defendants...

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