Opinion

MATTER OF HAMILTON v. Monaghan

  • 1 N.Y.2d 877
  • 154 N.Y.S.2d 637
  • 136 N.E.2d 711
  • 1956 N.Y. LEXIS 770
Court
New York Court of Appeals
Filed
Jul 11, 1956
Status
Published
On the bench
Concur: Desmond
Cited by
2 cases
Authority
More cited than 63.5%

The opinion

*879 Order affirmed, upon the ground that the Appellate Division had power to direct that the facts be tried out instead of being decided on conflicting and incomplete allegations of affidavits. We pass upon no other questions. The question certified on appellant-respondent’s appeal is answered in the affirmative. The question certified on respondent-appellant’s appeal is answered in the negative. No opinion.

Concur: Desmond, Dye, Fuld and Van Voorhis, JJ. Conway, Ch. J., dissents in the following opinion in which Froessel, J., concurs. Taking no- part: Burke, J.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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