Davis v. Lawrence-Cedarhurst Bank

In an opinion adverse to the appellant, filed May 20, 1953, 204 F.2d 431, we referred to Sternberg v. Rubenstein, 279 App. Div. 30, 108 N.Y.S.2d 218, and said: “We believe tbe Sternberg case represents the correct interpretation of the statute and think it decisive of the case at bar.” [204 F.2d 433.] Unknown to counsel or the court, the decision of the Appellate Division had been reversed shortly before our opinion was rendered. Sternberg v. Rubenstein, 305 NY. 235, 112 N.E.2d 210, 212. Before counsel for the appellant became aware of such reversal the time within which our Rules permit a…