In re the Accounting of Aquino

Appellate Division of the Supreme Court of New York

In re the Accounting of Aquino

272 A.D.2d 876

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

DecidedJune 17, 1947

StatusPublished

This text of 272 A.D.2d 876 (In re the Accounting of Aquino) 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 the Accounting of Aquino, 272 A.D.2d 876 (N.Y. Ct. App. 1947).

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Opinion

In our opinion appellant made out a prima facie case of release. Respondent did not rest and has indicated that she had evidence to offer. Such evidence should be taken and a determination made on all the evidence. Decree, insofar as appealed from, unanimously reversed, with costs to appellant to abide the event, and a new trial ordered, at which the parties may stipulate, with the approval of the court, to incorporate the testimony taken in the present case in lieu of retaking such testimony. Present — Cohn, Callahan, Peek and Van Voorhis, JJ.

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In our opinion appellant made out a prima facie case of release. Respondent did not rest and has indicated that she had evidence to offer. Such evidence should be taken and a determination made on all the evidence. Decree, insofar as appealed from, unanimously reversed, with costs to appellant to abide the event, and a new trial ordered, at which the parties may stipulate, with the approval of the court, to incorporate the testimony taken in the present case in lieu of retaking such testimony. Present — Cohn, Callahan, Peek and Van Voorhis, JJ.

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Bluebook (online)

272 A.D.2d 876, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-accounting-of-aquino-nyappdiv-1947.