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MTR OF CHASE MAN BK v. ST OF NY

48 A.D.2d 11 (1975)

In the Matter of The Chase Manhattan Bank (N.A.), Respondent, v. State of New York, Appellant, et al., Respondents

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

May 8, 1975

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Michael F. Colligan and Ruth Kessler Toch of counsel), for appellant.

Milbank, Tweed, Hadley & McCloy (Andrew J. Connick and Eugene F. Farabaugh of counsel), for the Chase Manhattan Bank (N.A.), respondent.

HERLIHY, P. J., GREENBLOTT, KANE and REYNOLDS, JJ., concur.

SWEENEY, J.

Petitioner, Chase Manhattan Bank (hereinafter referred to as "Chase"), commenced this proceeding seeking a judgment directing the State to turn over to petitioner certain moneys held by the Comptroller for the account of one Brown. The facts are lengthy, but not in dispute. On July 23, 1964, the State entered into a contract with Francis L. Brown, doing business as Brown Engineers, for certain survey...

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