PETRIE v. CHASE MANHATTAN BANK


31 N.Y.2d 856 (1972)

James A. Petrie, Jr. et al., Appellants, v. Chase Manhattan Bank et al., Appellants, Robert B. Dalton et al., Defendants, and American Mental Health Foundation, Respondent.

Court of Appeals of the State of New York.

Decided December 6, 1972.


Attorney(s) appearing for the Case

Joel S. Stern and John R. Berkley for motion.

Paul M. Brown, Gary P. Rosenthal and John L. McCormick opposed.


Motion denied, with leave to renew upon argument of the appeal. Appellants Petrie and Looby were not adversely affected by the judgment of the trial court because of the out-of-court settlement agreement and situation in the California probate proceeding, and, therefore, arguably, could not have appealed. They were substantially affected, however, by the Appellate Division modification. Under these circumstances, it would seem that they should not be barred from appealing...

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