Rosenberg v. Levy

Appellate Division of the Supreme Court of New York

Rosenberg v. Levy

263 A.D. 860, 32 N.Y.S.2d 788, 1942 N.Y. App. Div. LEXIS 7066

Appellate Division of the Supreme Court of the State of New York·Decided January 23, 1942·Published

Opinion

Order unanimously reversed, with twenty dollars costs and disbursements, and the motion granted. The record presents no issues of fact requiring a trial. In so far as the order of the surrogate attempted to alter the contract relations of the parties hereto, such provisions were beyond the power of the surrogate and must be disregarded. Present — Martin, P. J., O’Malley, Townley, Glennon and Untermyer, JJ.

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Order unanimously reversed, with twenty dollars costs and disbursements, and the motion granted. The record presents no issues of fact requiring a trial. In so far as the order of the surrogate attempted to alter the contract relations of the parties hereto, such provisions were beyond the power of the surrogate and must be disregarded. Present — Martin, P. J., O’Malley, Townley, Glennon and Untermyer, JJ.

Rosenberg v. Levy, 263 A.D. 860, 32 N.Y.S.2d 788, 1942 N.Y. App. Div. LEXIS 7066 (N.Y. Ct. App. 1942).

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263 A.D. 860 (Rosenberg v. Levy) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.