General
Mount Kisco National Bank and Trust Company, as Trustee under a Trust Agreement between James A. Benedict, Kittie D. Benedict, and Mount Kisco National Bank and Trust Company, Respondent, v. James A. Benedict, Appellant
270 A.D. 764·New York Supreme Court, Appellate Division·1946·NY
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Opinion
Mount Kisco National Bank and Trust Company, as Trustee under a Trust Agreement between James A. Benedict, Kittie D. Benedict, and Mount Kisco National Bank and Trust Company, Respondent, v. James A. Benedict, Appellant.
[MAJORITY]
In an action upon a trust agreement, order denying defendant’s motion to dismiss the second amended complaint on the ground of insufficiency, affirmed, with $10 costs and disbursements, with leave to defendant to answer within ten days from the entry of the order hereon. No opinion. Lewis, P. J., Hagarty, Carswell, Johnston and Adel, JJ., concur. [185 Misc. 393.] [See post, p. 819.]