MATTER OF HAMILTON v. Monaghan
This text of 136 N.E.2d 711 (MATTER OF HAMILTON v. Monaghan) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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[879]*879Order affirmed, upon the ground that the Appellate Division had power to direct that the facts be tried out instead of being decided on conflicting and incomplete allegations of affidavits. We pass upon no other questions. The question certified on appellant-respondent’s appeal is answered in the affirmative. The question certified on respondent-appellant’s appeal is answered in the negative. No opinion.
Concur: Desmond, Dye, Fuld and Van Voorhis, JJ. Conway, Ch. J., dissents in the following opinion in which Froessel, J., concurs. Taking no- part: Burke, J.
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Cite This Page — Counsel Stack
136 N.E.2d 711, 1 N.Y.2d 877, 154 N.Y.S.2d 637, 1956 N.Y. LEXIS 770, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-hamilton-v-monaghan-ny-1956.