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ERBE v. LINCOLN ROCHESTER TRUST CO.

11 N.Y.2d 754 (1962)

Gustav Erbe, Jr., Individually and as Executor and Trustee under the Will of Gustav Erbe, Deceased, et al., Respondents, v. Lincoln Rochester Trust Company, Individually and as Executor and Trustee under the Will of Gustav Erbe, Deceased, et al., Appellants.

Court of Appeals of the State of New York.

Decided February 22, 1962.

Attorney(s) appearing for the Case

William H. Morris, Leonard S. Zartman and Frederick W. McNabb, Jr., for Lincoln Rochester Trust Company, appellant.

Wallace J. Wolf, Jr., for the estate of Thomas R. Baker, deceased, and others, appellants.

Matthew J. Shevlin for respondents.

Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER.

Motion to dismiss appeals taken from nonfinal orders granted and the appeals dismissed, with costs. There is now a supplemental complaint alleging new facts recently discovered. Therefore, the question is a new one not directly controlled by our former decision...

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