People v. Daniel

Appellate Division of the Supreme Court of New York

People v. Daniel

5 A.D.2d 809, 170 N.Y.S.2d 979, 1958 N.Y. App. Div. LEXIS 7018

Appellate Division of the Supreme Court of the State of New York·Decided February 4, 1958·Published·Cited by 2 cases

Opinion

Order unanimously reversed on the law and motion for summary judgment denied, without costs. Special Term referred the matter to the Official Referee to hear and determine, among other things, the title to the fund in dispute. This was an issue raised by the pleadings that must be determined by plenary action before the appellant can be directed to account.

Concur—Botein, P. J., Breitel, Rabin, MeNally and Stevens, JJ.

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Order unanimously reversed on the law and motion for summary judgment denied, without costs. Special Term referred the matter to the Official Referee to hear and determine, among other things, the title to the fund in dispute. This was an issue raised by the pleadings that must be determined by plenary action before the appellant can be directed to account.

Concur—Botein, P. J., Breitel, Rabin, MeNally and Stevens, JJ.

People v. Daniel, 5 A.D.2d 809, 170 N.Y.S.2d 979, 1958 N.Y. App. Div. LEXIS 7018 (N.Y. Ct. App. 1958).

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Opinion

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