GARDNER v. FIRST NAT'L CITY BANK


35 A.D.2d 691 (1970)

Margaret Gardner, Respondent, v. First National City Bank, Defendant, and Adolph Holtzer, Appellant

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

October 1, 1970


Order entered on April 9, 1970, herein appealed from, unanimously modified on the law and on the facts, to strike the language limiting defendant's right of examination, so as to permit full examination of plaintiff by defendant as to all essential elements to ascertain if a valid gift of the bank account in question was made to plaintiff by decedent. As so modified, the order appealed from is affirmed, and that appellant recover of respondent $30 costs and disbursements...

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