Chance v. Power

Appellate Division of the Supreme Court of New York

Chance v. Power

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

Appellate Division of the Supreme Court of the State of New York·Decided August 31, 1961·Published·Cited by 1 cases

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.

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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.

Chance v. Power, 14 A.D.2d 595, 219 N.Y.S.2d 46, 1961 N.Y. App. Div. LEXIS 9306 (N.Y. Ct. App. 1961).

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Opinion

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