Appellate Division of the Supreme Court of New York, 1952

Buglione v. Buglione

Buglione v. Buglione
Appellate Division of the Supreme Court of New York · Decided May 19, 1952
279 A.D. 1089; 112 N.Y.S.2d 793; 1952 N.Y. App. Div. LEXIS 5941
Buglione v. Buglione

Opinion of the Court

The issues should not have been determined on affidavits, especially where, as here, a demand for a hearing was made. Recourse should be had to the usual practice of seeing and hearing the witnesses who may be produced, with opportunity for cross-examination. (See Josephson v. Josephson, 276 App. Div. 845, and eases cited.) Nolan, P. J., Carswell, Johnston, Adel and Wenzel, JJ., concur.

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