In re Kempf

Appellate Division of the Supreme Court of New York

In re Kempf

243 A.D. 855

Procedural entryThis page is a short order in In re Kempf. Read the opinion of the Court — 252 A.D. 28 →

Appellate Division of the Supreme Court of the State of New York·Decided March 15, 1935·Published

Opinion

Appeal dismissed, without costs, upon the ground that the order is merely an intermediate ruling as to the procedure upon a trial or hearing and is not an “ order affecting a substantial right.” We do not pass upon the question as to which party has the burden of proof or as to whether the condition is a precedent or subsequent one. All concur. (The order denied a motion to dismiss the petition and directed the executor to assume the burden of proof.) Present — Sears, P. J., Taylor, Edgcomb, Thompson and Lewis, JJ.

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Appeal dismissed, without costs, upon the ground that the order is merely an intermediate ruling as to the procedure upon a trial or hearing and is not an “ order affecting a substantial right.” We do not pass upon the question as to which party has the burden of proof or as to whether the condition is a precedent or subsequent one. All concur. (The order denied a motion to dismiss the petition and directed the executor to assume the burden of proof.) Present — Sears, P. J., Taylor, Edgcomb, Thompson and Lewis, JJ.

In re Kempf, 243 A.D. 855 (N.Y. Ct. App. 1935).

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