First National City Bank v. Mayes

*923Contour'—Markewieh, McNally and Macken, JJ.; McGivem, J. P., dissents in the following memorandum: I would affirm on the opinion of Special Term and on the rationale of Squibb-Mathieson Int. Corp. v. St. Paul Mercury Ins. Co. (44 Misc 2d 835), and on the cases therein cited; it is noteworthy that APIA and St. Paul were both involved therein on the same propositions before us. The effort of the majority to distinguish that holding from this results in a distinction without a difference. By the majority action the plaintiff herein is now being given a second and wholly unwarranted opportunity…