FIRST NAT'L CITY BANK v. STATE


54 A.D.2d 957 (1976)

First National City Bank, as Trustee, Respondent-Appellant, v. State of New York et al., Appellants-Respondents, et al., Defendant

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

November 22, 1976


Order affirmed insofar as appealed from, without costs or disbursements.

The complaint is legally sufficient and raises factual issues which preclude summary judgment (see de St. Aubin v Biggane, 51 A.D.2d 1054). The State defendants' time to answer is extended until 20 days after the service upon them of a copy of the order to be entered hereon, together with notice of...

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