Kremer v. Kremer

Appellate Division of the Supreme Court of New York

Kremer v. Kremer

267 A.D. 815, 47 N.Y.S.2d 104, 1944 N.Y. App. Div. LEXIS 4897

Procedural entryThis page is a short order in Kremer v. Kremer. Read the opinion of the Court — 269 A.D. 827 →

Appellate Division of the Supreme Court of the State of New York·Decided January 28, 1944·Published

Opinion

While the disposition made at Special Term might after a hearing prove to have been correct, we believe that on the facts alleged where the immediate welfare of an infant is involved the issue should not have been decided without a hearing. Order unanimously reversed, without costs, and the matter remitted to Special Term for the purpose of affording the parties an opportunity to present their proofs. Present — Martin, P. J., Glennon, Untermyer, Dore and Callahan, JJ.

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While the disposition made at Special Term might after a hearing prove to have been correct, we believe that on the facts alleged where the immediate welfare of an infant is involved the issue should not have been decided without a hearing. Order unanimously reversed, without costs, and the matter remitted to Special Term for the purpose of affording the parties an opportunity to present their proofs. Present — Martin, P. J., Glennon, Untermyer, Dore and Callahan, JJ.

Kremer v. Kremer, 267 A.D. 815, 47 N.Y.S.2d 104, 1944 N.Y. App. Div. LEXIS 4897 (N.Y. Ct. App. 1944).

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