Odsen v. Valentine
This text of 263 A.D. 978 (Odsen v. Valentine) 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.
Opinion
As petitioner denies that he attempted any fraud in his examination, the order should be modified by granting an alternative order so that the issues of fact involved may be tried, and as so modified affirmed, without costs. (See Matter of Pape v. Kern, 263 App. Div. 557, decided simultaneously herewith.)
Dore, Cohn and Callahan, JJ., concur; Martin, P. J., and Townley, J., dissent and vote to affirm.
Order modified by granting an alternative order so that the issues of fact involved may be tried, and as so modified affirmed, without costs. Settle order on notice.
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Cite This Page — Counsel Stack
263 A.D. 978, 33 N.Y.S.2d 493, 1942 N.Y. App. Div. LEXIS 7683, Counsel Stack Legal Research, https://law.counselstack.com/opinion/odsen-v-valentine-nyappdiv-1942.