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FIDELITY AND CASUALTY COMPANY OF NEW YORK, Appellant, v. CHASE MANHATTAN BANK, Respondent. CHASE MANHATTAN BANK, Third-Party Plaintiff-Respondent,

Order, entered on November 25, 1958, as resettled by order entered on November 18, 1959, denying plaintiff's motion for an order striking out the answer of the defendant and granting plaintiff summary judgment, unanimously affirmed, with $20 costs and disbursements to the respondents. No opinion.

Concur — Breitel, J.P., Rabin, Valente, McNally and Eager, JJ.

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FIDELITY CAS. CO. v. CHASE MANHATTAN BK
(Nov 1, 1960)