Irving Trust Co. v. Benann Holding Corp.

Motion for leave to appeal to the Court of Appeals denied, and motion for reargument granted, and said reargument having been had, the order of this court entered November 6, 1936 [ante, p. 601], is vacated and the matter remitted to the referee for further consideration in accordance with the rule laid down in Heiman v. Bishop ( 272 N. Y. 83 ), decided by the Court of Appeals on November 24, 1936. Present — Martin, P. J., MeAvoy, O’Malley, Untermyer and Cohn, JJ.