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NEVADA BANK OF COMMERCE, Plaintiff, v. 43RD STREET ESTATES CORP. et al., Appellants. JOHN T. McCLOSKEY, as Sheriff of the City of New York, Respondent.

Order reversed, without costs, and the order of Special Term reinstated on the dissenting opinion at the Appellate Division.

Concur: Judges BURKE, GABRIELLI, JONES and WACHTLER. Chief Judge FULD and Judges BREITEL and JASEN dissent and vote to affirm on the opinion at the Appellate Division.

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NEVADA BANK OF COMMERCE v. 43RD ST. ESTATES CORP
(Oct 18, 1973)