Appellate Division of the Supreme Court of New York, 1940

Lewis v. Weller

Lewis v. Weller
Appellate Division of the Supreme Court of New York · Decided March 21, 1940
259 A.D. 715; 18 N.Y.S.2d 752; 1940 N.Y. App. Div. LEXIS 6377
Lewis v. Weller

Opinion of the Court

‘Motion denied. [For reargument or for leave to appeal to Court of Appeals.]* Present — ‘Martin, P. J., O’Malley, Townley, Dore and Cohn, JJ. [See 283 N. Y. 587.]

Antecedent decision of February 8, 1940, rendered pursuant to practice motion made under section 578 of the Civil Practice Act, was received too late for insertion in proper place. (See 258 App. Div. 1039.). It was as follows: Laura M. Lewis, a Relative of Ruth Cosgrove Weller, an Incompetent Person, Respondent (Deceased), v. Fannie Weller and Henry Weller, as Administrators, etc., of Reuben Weller, Deceased, Substituted Defendants, Appellants, (Ruth Cosgrove Weller, an Incompetent Person, and Others, Defendants).— Motion denied. Present — Martin, P. J., O’Malley, Townley, Glennon and Untermyer, JJ.— [Rep.

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