Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the motion which is for summary judgment in lieu of complaint against the defendant Merchants Bank of New York is denied, and the plaintiff's time to serve a complaint against the appellant is extended until 20 days after service upon him of a copy of this decision and order, with notice of entry, and the appellant shall serve its answer within 20 days after service of the...
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