Duncan v. Duncan

Appellate Division of the Supreme Court of New York

Duncan v. Duncan

283 A.D. 859, 129 N.Y.S.2d 897, 1954 N.Y. App. Div. LEXIS 5536

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 13, 1954

StatusPublished

This text of 283 A.D. 859 (Duncan v. Duncan) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Duncan v. Duncan, 283 A.D. 859, 129 N.Y.S.2d 897, 1954 N.Y. App. Div. LEXIS 5536 (N.Y. Ct. App. 1954).

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Opinion

Judgment affirmed, with costs. No opinion. Present.— Peck, P. J., Dore, Cohn, Bastow and Botein, JJ.; Peck, P. J., and Bastow, J., dissent and vote to reverse and dismiss the complaint in the following memorandum: We think the Statute of Frauds is a bar to this claim and therefore the complaint should be dismissed. We are further of the opinion that there was error in the admission of the testimony of the grandmother contrary to the provisions of section 347 of the Civil Practice Act. A reversal and a new trial would be required on account of that error.

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Judgment affirmed, with costs. No opinion. Present.— Peck, P. J., Dore, Cohn, Bastow and Botein, JJ.; Peck, P. J., and Bastow, J., dissent and vote to reverse and dismiss the complaint in the following memorandum: We think the Statute of Frauds is a bar to this claim and therefore the complaint should be dismissed. We are further of the opinion that there was error in the admission of the testimony of the grandmother contrary to the provisions of section 347 of the Civil Practice Act. A reversal and a new trial would be required on account of that error.

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Bluebook (online)

283 A.D. 859, 129 N.Y.S.2d 897, 1954 N.Y. App. Div. LEXIS 5536, Counsel Stack Legal Research, https://law.counselstack.com/opinion/duncan-v-duncan-nyappdiv-1954.