Appellate Division of the Supreme Court of New York, 1912

Moritz v. Moritz

Appellate Division of the Supreme Court of New York · Decided November 15, 1912 · Scott

153 A.D. 153; 138 N.Y.S. 128; 1912 N.Y. App. Div. LEXIS 9230

Counsel

Charles A. Decker, for the appellant., John Purroy Mitchel, for the respondents.

Opinion of the Court

Scott, J.:

For the reasons stated at length in action No. 1 of this title (153 App. Div. 147), I am of opinion that the judgment appealed from should he reversed and the complaint dismissed, with costs to appellant in this court and the court below.

Ingraham, P. J., and Clarke, J., concurred; Miller and Dowling, JJ., dissented.

Judgment reversed and complaint dismissed, with costs to appellant in this court and in the court below. Order to be settled on notice.

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