Appellate Division of the Supreme Court of New York, 1958

People v. Daniel

People v. Daniel
Appellate Division of the Supreme Court of New York · Decided February 4, 1958 · Botein, Breitel, Menally, Rabin, Stevens
5 A.D.2d 809; 170 N.Y.S.2d 979; 1958 N.Y. App. Div. LEXIS 7018
People v. Daniel

Opinion of the Court

Order unanimously reversed on the law and motion for summary judgment denied, without costs. Special Term referred the matter to the Official Referee to hear and determine, among other things, the title to the fund in dispute. This was an issue raised by the pleadings that must be determined by plenary action before the appellant can be directed to account.

Concur—Botein, P. J., Breitel, Rabin, MeNally and Stevens, JJ.

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