KALB v. CHEM. BANK N.Y. TRUST CO.


64 Misc.2d 824 (1970)

Mollie Kalb et al., Respondents, v. Chemical Bank New York Trust Company, Appellant.

Supreme Court, Appellate Term, Second Department.

September 23, 1970


Attorney(s) appearing for the Case

Cravath, Swaine & Moore (John B. Wynne, John W. Barnum, Howard G. Kristol and Martin Michaelson of counsel), for appellant. Abraham M. Feinstein for respondents.

Present — SCHWARTZWALD, J. P., RINALDI and CONE, JJ.


Per Curiam.

In our opinion, the stipulation was inadequate and the proof insufficient to permit a determintaion of the issues presented, particularly with regard to all relevant facts and circumstances preceding, during and subsequent to plaintiff Mollie Kalb's execution of the withdrawal slip and the presentation of her passbook and withdrawal slip to defendant bank by a person other than said plaintiff. Moreover, it was error to consider testimony adduced...

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