McCoy v. McCoy

Appellate Division of the Supreme Court of New York

McCoy v. McCoy

254 A.D. 855, 6 N.Y.S.2d 374, 1938 N.Y. App. Div. LEXIS 8006

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

DecidedJune 24, 1938

StatusPublished

This text of 254 A.D. 855 (McCoy v. McCoy) 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

McCoy v. McCoy, 254 A.D. 855, 6 N.Y.S.2d 374, 1938 N.Y. App. Div. LEXIS 8006 (N.Y. Ct. App. 1938).

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Opinion

Judgment, in so far as it dismisses the complaint, reversed without costs and a new trial ordered of the issues joined by the complaint and answer, on the ground that the decision was against the weight of the evidence. (O’Malley and Cohn, JJ., dissent and vote to reverse and grant judgment for the plaintiff.) Judgment, in so far as appealed from by defendant, unanimously affirmed, without costs. Settle order on notice, reversing findings inconsistent with this determination, and containing such new findings of fact proved upon the trial as [856]*856are necessary to sustain the judgment hereby awarded. Present — O’Malley, Untermyer, Dore, Cohn and Callahan, JJ.

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Judgment, in so far as it dismisses the complaint, reversed without costs and a new trial ordered of the issues joined by the complaint and answer, on the ground that the decision was against the weight of the evidence. (O’Malley and Cohn, JJ., dissent and vote to reverse and grant judgment for the plaintiff.) Judgment, in so far as appealed from by defendant, unanimously affirmed, without costs. Settle order on notice, reversing findings inconsistent with this determination, and containing such new findings of fact proved upon the trial as [856]*856are necessary to sustain the judgment hereby awarded. Present — O’Malley, Untermyer, Dore, Cohn and Callahan, JJ.

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Bluebook (online)

254 A.D. 855, 6 N.Y.S.2d 374, 1938 N.Y. App. Div. LEXIS 8006, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccoy-v-mccoy-nyappdiv-1938.