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B.V.D. CO. v. MARINE MIDLAND BANK

46 A.D.2d 51 (1974)

B.V.D. Company, Inc., et al., Respondents, v. Marine Midland Bank-New York et al., Appellants, et al., Defendants. (Action No. 1.) Marine Midland Bank-New York, Appellant-Respondent, v. B.V.D. Company, Inc., Respondent-Appellant. (Action No. 2.)

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

November 19, 1974.

Attorney(s) appearing for the Case

Harold N. Schwinger of counsel (Leonard Zalkin with him on the brief; Zalkin, Rodin & Goodman, attorneys), for appellants in Action No. 1 and appellant-respondent in Action No. 2.

Alan E. Golomb of counsel (Milton R. Ackman with him on the brief; Fried, Frank, Harris, Shriver & Jacobson, attorneys), for respondents in Action No. 1 and respondent-appellant in Action No. 2.

MARKEWICH, J. P., KUPFERMAN, CAPOZZOLI and YESAWICH, JJ., concur.

STEUER, J.

Two appeals in related actions are before the court. The background facts are those set out in the pleadings. Further facts from the same sources are stated when their relevance so requires.

It appears that one Richard S. White, who did business through a number of corporations (herein the White corporations), sometime in 1968 approached the B.V.D. Company, Inc. (BVD) with a view to mechanizing...

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