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MATTER OF MARINE MIDLAND BANK v. MARINE MIDLAND BANK

127 A.D.2d 1000 (1987)

In the Matter of Marine Midland Bank, as Trustee Under the Last Will and Testament of John P. Herrmann, Deceased. Canisius College et al., Appellants, v. Marine Midland Bank, N. A., et al., Respondents. (Appeal No. 3.)

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

February 27, 1987

Order unanimously reversed on the law without costs and motion denied.

Memorandum:

In view of our determination that the charitable remaindermen are entitled to summary judgment (see, Matter of Herrmann [appeal No. 1], 127 A.D.2d 999), there is no basis for the summary removal of counsel for the charitable remaindermen since there is no risk of their attorney being called as a witness (Code of Professional...

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