DePicabia v. First National Bank

— In an action to (1) declare a certain loan null and void and (2) recover the value of the collateral delivered to secure the said loan, plaintiff appeals from an order of the Supreme Court, Orange County, dated July 8, 1974, which (1) marked the action off the calendar unless a substitute testamentary trustee was appointed within 60 days and (2) granted defendant’s motion to dismiss the complaint in the event of the failure of such an appointment. Order modified by deleting its decretal provisions and substi*814tuting therefor the following: "ordered that plaintiff, Marrin M. DePicabia, is…