Hyperlawhypertext legal databasebeta Erbe v. Lincoln Rochester Trust Co. 4 N.Y.2d 921

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Erbe v. Lincoln Rochester Trust Co.

4 N.Y.2d 921 Court N.Y. Decision date 1958-05-08 English

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p. 921
Gustav Erbe, Jr., Individually and as Executor and Trustee under the Will of Gustav Erbe, Deceased, et al., Appellants, v. Lincoln Rochester Trust Company, Individually and as Executor and Trustee under the Will of Gustav Erbe, Deceased, et al., Respondents.
Submitted March 24, 1958;
decided May 8, 1958.
p. 922
William H. Morris for motion to dismiss appeal.
Harold G. Hutchens opposed.

Motion to have appeal heard upon the required number of copies of the record and seven copies of the exhibits and papers granted.

Motion to dismiss appeal denied. Upon the hearing of the appeal the parties may reargue the question whether the decisions of Special Term and the Appellate Division denying the motion to strike the defense are in accord with the remittitur of the Court of Appeals.