Gottesman v. Amato

Appellate Division of the Supreme Court of New York

Gottesman v. Amato

282 A.D. 1015, 126 N.Y.S.2d 219

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

DecidedDecember 8, 1953

StatusPublished

This text of 282 A.D. 1015 (Gottesman v. Amato) 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

Gottesman v. Amato, 282 A.D. 1015, 126 N.Y.S.2d 219 (N.Y. Ct. App. 1953).

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Opinion

Per Curiam.

On completely conflicting affidavits from which it is impossible to determine where the truth lies, the court should not have granted complainant’s motion and increased weekly payments to twice the amount previously allowed and in addition directed a bond of $1,000.

The order appealed from should be reversed and the matter remanded for a hearing before the court giving both parties full opportunity to present’ the evidence for their conflicting claims.

Peek, P. J., Dore, Cohn, Callahan and Botein, JJ., concur.

Order unanimously reversed and the matter remanded for a hearing before the court giving both parties full opportunity to present the evidence for their conflicting claims. Settle order on notice.

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Per Curiam.

On completely conflicting affidavits from which it is impossible to determine where the truth lies, the court should not have granted complainant’s motion and increased weekly payments to twice the amount previously allowed and in addition directed a bond of $1,000.

The order appealed from should be reversed and the matter remanded for a hearing before the court giving both parties full opportunity to present’ the evidence for their conflicting claims.

Peek, P. J., Dore, Cohn, Callahan and Botein, JJ., concur.

Order unanimously reversed and the matter remanded for a hearing before the court giving both parties full opportunity to present the evidence for their conflicting claims. Settle order on notice.

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Bluebook (online)

282 A.D. 1015, 126 N.Y.S.2d 219, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gottesman-v-amato-nyappdiv-1953.