Ecker v. Cohen

239 A.D. 145, 267 N.Y.S. 159, 1933 N.Y. App. Div. LEXIS 7977
Appellate Division of the Supreme Court of the State of New York·Decided October 31, 1933·Published·Cited by 6 cases

Opinion

Per Curiam.

The court erroneously placed on the appellant Neylan the burden of establishing the genuineness of the signatures appearing upon the petition. The court also denied the appellant a reasonable opportunity to cross-examine the witnesses produced by the petitioners.

These errors are so fundamental as to require that the order appealed from should be reversed and the motion denied.-

Present — Finch, P. J., Martin, O’Malley, Townley and Glennon, JJ.

Order reversed and petitioner’s motion denied.

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Ecker v. Cohen, 239 A.D. 145, 267 N.Y.S. 159, 1933 N.Y. App. Div. LEXIS 7977 (N.Y. Ct. App. 1933).

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