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U.S. TRUST v. FIRST NAT BANK

57 A.D.2d 285 (1977)

United States Trust Company of New York, as Successor Indenture Trustee, Appellant-Respondent, v. First National City Bank, Respondent-Appellant

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

May 17, 1977

Attorney(s) appearing for the Case

Dugald Campbell Brown of counsel (James C. Sargent, William M. Kahn, James H. Bell and Hollace T. Cohen with him on the brief; Whitman & Ransom, attorneys), for appellant-respondent.

Robert S. Blanc, III, of counsel (George J. Wade and Gary C. Lyons with him on the brief; Shearman & Sterling, attorneys), for respondent-appellant.

BIRNS, J. P., CAPOZZOLI and MARKEWICH, JJ., concur.

SILVERMAN, J.

These are cross appeals from an order of the Special Term of the Supreme Court granting the motion of defendant to dismiss certain causes of action in the complaint on the ground that they failed to state a cause of action; denying the motion as to other causes of action; and denying plaintiff's motion for partial summary judgment on the ground that there is no defense to its causes of action.<...

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