In re Kempf

Appellate Division of the Supreme Court of New York

In re Kempf

243 A.D. 855

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

DecidedMarch 15, 1935

StatusPublished

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

Pincite

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

Cite This Page — Counsel Stack

Bluebook (online)

243 A.D. 855, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-kempf-nyappdiv-1935.