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  5. 38 N.Y.2d 430 (1975)
 

BANKERS ASSN. v. ALBRIGHT

38 N.Y.2d 430 (1975)

New York State Bankers Association by Kenneth E. Buhrmaster, as President, et al., Respondents, v. Harry W. Albright, Jr., as Superintendent of Banks, et al., Appellants.

Court of Appeals of the State of New York.

Decided December 29, 1975.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Grace K. Banoff and Ruth Kessler Toch of counsel), for Harry W. Albright, Jr., appellant.

Amalya L. Kearse, Martin E. Lowy, Philip A. Lacovara and Howard F. Hart for Erie County Savings Bank and another, appellants.

Stephen H. Kelly, George W. Myers, Jr., and Christian G. Koelbl, III, for respondents.

Jacquelin A. Swords, Stuart D. Root and Earl H. Nemser for the Savings Banks Association of New York State, amicus curiae.

Judges JASEN, JONES, WACHTLER, FUCHSBERG and COOKE concur; Judge GABRIELLI taking no part.

Chief Judge BREITEL.

In this action representative commercial banks seek declaratory and injunctive relief against competing representative savings banks and the Superintendent of Banks. Plaintiff commercial banks challenge the legality under the State Banking Law of the so-called "NOW" (Negotiable Order of Withdrawal) account, a form of checking...

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