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Guaranty Trust Co. v. State

275 A.D.2d 725 Court Third Department, Decision date 1948-05-05 Docket Claim No. 27969 English

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p. 725
Third Department,
May, 1948.
(May 5, 1948.)
Guaranty Trust Company of New York, Respondent, v. State of New York, Appellant.
(Claim No. 27969.)

Hill, P. J., Heffernan and Russell, JJ., concur; Brewster and Deyo, JJ., dissent upon the ground that the decision and judgment of this court upon the former appeal ( 271 App. Div. 711 ) did not mandate the final judgment now appealed from within the purview of section 590 of the Civil Practice Act. [ 191 Misc. 259 .]

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