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UNITED EQUITIES v. FIRST NAT. BK.

52 A.D.2d 154 (1976)

United Equities Company, Respondent, v. First National City Bank, Appellant

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

May 11, 1976

Attorney(s) appearing for the Case

Henry Harfield of counsel (Robert M. Rosenblith with him on the brief; Shearman & Sterling, attorneys), for appellant.

Herman Cahn for respondent.

MARKEWICH, J. P., and BIRNS, J., concur with SILVERMAN, J.; MURPHY and LANE, JJ., dissent in an opinion by MURPHY, J.

SILVERMAN, J.

This is an appeal by defendant First National City Bank from a judgment of the Supreme Court for plaintiff United Equities Company ("Equities") rendered after a nonjury trial. (84 Misc.2d 441.)

Plaintiff and defendant are both traders in foreign exchange, including forward or futures contracts. So far as foreign exchange is concerned, they are both...

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