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MARGARET GARDNER, Respondent, v. FIRST NATIONAL CITY BANK, Defendant, and ADOLPH HOLTZER, Appellant.

Order entered on April 9, 1970, herein appealed from, unanimously modified on the law and on the facts, to strike the language limiting defendant's right of examination, so as to permit full examination of plaintiff by defendant as to all essential elements to ascertain if a valid gift of the bank account in question was made to plaintiff by decedent. As so modified, the order appealed from is affirmed, and that appellant recover of respondent $30 costs and disbursements. The restrictive language used by Special Term applies to the will only and to any question of its proper execution, but not to the primary issue here involved, i.e., was there a valid gift of the bank account to the plaintiff.

Concur — Stevens, P.J., Capozzoli, McGivern and Steuer, JJ.

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GARDNER v. FIRST NATIONAL CITY BANK
(Oct 1, 1970)