Chance v. Power

14 A.D.2d 595, 219 N.Y.S.2d 46, 1961 N.Y. App. Div. LEXIS 9306

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: August 31, 1961
• Status: Published

Opinion

The petitioner-respondent failed to sustain the burden of establishing that the appellant does not maintain a bona fide residence in Manhattan. Upon the record here, therefore, the finding that the respondent-appellant is not a bona fide resident of the Borough of Manhattan is not sustained by the evidence. (See Matter of Newcomb, 192 N. Y. 238; Matter of Jack v. Power, 282 App. Div. 831, affd. 306 N. Y. 556.) Leave to petitioner-respondent to appeal to the Court of Appeals is hereby granted. Motion to dispense with printing granted.