Opinion
Submitted October 4, 1943
Decided October 14, 1943
Appeal from the Supreme Court, Appellate Division, First Department, BERNSTEIN, J.
Arthur K. Wing and James G. Purdy for motion.
Bertrand L. Pettigrew and Chauncey L. Grant opposed.
Motion dismissed, without costs, on the ground that the application was not made within the time specified in section 592, subdivision 3, of the Civil Practice Act. ( Pollak v. Port Morris Bank, 257 N.Y. 287, 288; Low v. Bankers Trust Co., 265 N.Y. 264, 265; Metropolitan Casualty Ins. Co. v. Public Nat. Bank Trust Co., 262 N.Y. 614.)
See, also, Morris v. Chemical Bank Trust Co. ( 291 N.Y. 646). — [REP.