In re Benjamin

Appellate Division of the Supreme Court of New York

In re Benjamin

262 A.D. 959, 29 N.Y.S.2d 914, 1941 N.Y. App. Div. LEXIS 6627

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

DecidedSeptember 8, 1941

StatusPublished

This text of 262 A.D. 959 (In re Benjamin) 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

In re Benjamin, 262 A.D. 959, 29 N.Y.S.2d 914, 1941 N.Y. App. Div. LEXIS 6627 (N.Y. Ct. App. 1941).

Pincite

Opinion

On the record submitted to the court it is impossible to determine the question of fact involved in the alleged invalidity of a large number of signatures to the petition upon which respondent Cashmore claims to have proof, and, therefore, since the hearing was not completed the court may not pass upon the question of law presented. Order reversed on the law and the facts, without costs, and matter remitted to the Special Term, Kings County, Mr. Justice Garvin presiding, for the purpose of taking further proof. Lazansky, P. J., Hagarty, Carswell, Adel and Taylor, JJ., concur.

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On the record submitted to the court it is impossible to determine the question of fact involved in the alleged invalidity of a large number of signatures to the petition upon which respondent Cashmore claims to have proof, and, therefore, since the hearing was not completed the court may not pass upon the question of law presented. Order reversed on the law and the facts, without costs, and matter remitted to the Special Term, Kings County, Mr. Justice Garvin presiding, for the purpose of taking further proof. Lazansky, P. J., Hagarty, Carswell, Adel and Taylor, JJ., concur.

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Bluebook (online)

262 A.D. 959, 29 N.Y.S.2d 914, 1941 N.Y. App. Div. LEXIS 6627, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-benjamin-nyappdiv-1941.