Calderon v. Sclafani

Appellate Division of the Supreme Court of New York

Calderon v. Sclafani

46 A.D.2d 630, 1974 N.Y. App. Div. LEXIS 3947

Appellate Division of the Supreme Court of the State of New York·Decided October 16, 1974·Published

Opinion

Judgment, Supreme Court, New York County, entered on October 15, 1974, affirmed, without costs and without disbursements. Concur—-Kupferman, J. P., Murphy and Yesawich, JJ.; Lupiano and Capozzoli, JJ., dissent in the following memorandum: We dissent. It is our view that the evidentiary basis delineated in the referee’s report as warranting a new election does not come within the ambit of Matter of Lowenstein v. Larkin (40 A D 2d 604, affd. 31 N Y 2d 654)

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Judgment, Supreme Court, New York County, entered on October 15, 1974, affirmed, without costs and without disbursements. Concur—-Kupferman, J. P., Murphy and Yesawich, JJ.; Lupiano and Capozzoli, JJ., dissent in the following memorandum: We dissent. It is our view that the evidentiary basis delineated in the referee’s report as warranting a new election does not come within the ambit of Matter of Lowenstein v. Larkin (40 A D 2d 604, affd. 31 N Y 2d 654)

Calderon v. Sclafani, 46 A.D.2d 630, 1974 N.Y. App. Div. LEXIS 3947 (N.Y. Ct. App. 1974).

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