Appellate Division of the Supreme Court of New York, 1940

Smith v. Hodson

Smith v. Hodson
Appellate Division of the Supreme Court of New York · Decided November 1, 1940
260 A.D. 906; 23 N.Y.S.2d 155; 1940 N.Y. App. Div. LEXIS 5314
Smith v. Hodson

Opinion of the Court

Order reversed, with twenty dollars costs and disbursements, and the petition dismissed for the reasons stated in the opinion of Callahan, J., in Matter of Katz v. Goldwater (ante, p. 495), handed down herewith. Present — Martin, P. J., O’Malley, Townley, Dore and Callahan, JJ.; Dore, J., concurs in the result; O’Malley, J., dissents and votes to affirm for the reasons stated in his dissenting opinion in Matter of Katz v. Goldwater (ante, p. 499).

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