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UNITED STATES TRUST COMPANY OF NEW YORK, as Successor Indenture Trustee, Respondent, v. FIRST NATIONAL CITY BANK, Appellant.

Order affirmed, with costs, on the opinion by Mr. Justice SAMUEL J. SILVERMAN at the Appellate Division ( 57 A.D.2d 285). Question certified answered in the affirmative.

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.

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UNITED STATES TRUST CO. OF N.Y. v. 1ST NATL. CITY BANK
(Oct 19, 1978)