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MILTON PILALAS & CO. v. FIRST NAT. CITY BANK OF N.Y.

17 Misc.2d 218 (1959)

Milton Pilalas & Co., Plaintiff, v. First National City Bank of New York, Defendant and Third-Party Plaintiff. Cukobirlek, Cukurova Pamuk Tarim Satis Kooperatifleri Birligi et al., Third-Party Defendants.

Supreme Court, Special Term, New York County.

April 2, 1959.

Attorney(s) appearing for the Case

Schur, Handler & Jaffin (Jerome Handler and Herbert Feiler of counsel), for plaintiff.

Shearman, Sterling & Wright for interpleading plaintiff.

Lester M. Levin for interpleaded defendants.

SAUL S. STREIT, J.

The third-party defendants move for dismissal of the complaint for insufficiency. The action rests in part on a document of escrow deposit as follows:

"With reference to your letter of October 2, 1958 to Swiss Credit Bank, New York, N. Y., the above reference, we enclose our certified check in the amount of $7,238.63, representing 10% of the value of the merchandise to be delivered under the Letter Credit CCF 06053. ...

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