New York Court of Appeals, 1961

Bergner v. Meisser

Bergner v. Meisser
New York Court of Appeals · Decided September 2, 1961
10 N.Y.2d 787; 177 N.E.2d 445

Bergner v. Meisser

Opinion of the Court

*789In each proceeding: Order reversed, without costs, upon the authority of Matter of Mahoney v. Lawley (301 N. Y. 425), and matter remitted to Special Term for a trial of the issues. No opinion.

Concur: Chief Judge Desmond and Judges Dye, Van Voorhis, Burke, Bergan*, Bookstein* and Best*.

Designated pursuant to section 5 of article VI of the State Constitution in the temporary absence of Judges Fulo, Froessel and Foster.

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