Majority
p. 927In the Matter of Chase Manhattan Bank (National Association), Respondent, v. Broadway, Whitney Company, Appellant. Argued April 17, 1969; decided May 14, 1969.
p. 928
Robert Goldstein for appellant.
Andrew J. Connick and Ellis W. McCracken, Jr., for respondent.
Louis J. Lefkowitz, Attorney-General (Philip Weinberg and Samuel A. Hirshowits of counsel), in his statutory_ capacity under section 71 of the Executive Law.
p. 929
Judgment affirmed, with costs, on the opinion at Special Term, without prejudice, however, to an application to Special Term by appellant within 20 days from the date hereof for leave to file an answer to the petition.
Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel and Jasen. Taking no part: Judge Keating.