Majority
p. 798Abraham Givatowsky, Appellant, v. The National City Bank of New York, Respondent, Impleaded with Another.
Order denying plaintiff’s motion for summary judgment as to the second cause of action unanimously affirmed, with twenty • dollars costs and disbursements. No opinion. The second cause of action is based on an equitable assignment by the Russo-Asiatic Bank to plaintiff of a part of the credit balance of its account with the head office of the National City Bank of New York. Present — Martin, P. J., McAvoy, O’Malley, Townley and Glennon, JJ.