Serri v. Heffernan

Appellate Division of the Supreme Court of New York

Serri v. Heffernan

274 A.D. 852, 81 N.Y.S.2d 273, 1948 N.Y. App. Div. LEXIS 3652

Appellate Division of the Supreme Court of the State of New York·Decided August 16, 1948·Published·Cited by 1 cases

Opinion

Order, insofar as appealed from, affirmed, without costs. No opinion. Adel, Sneed and Wenzel, JJ., concur; Johnston, Acting P. J., dissents and votes to reverse the order and to dismiss the proceeding, on the ground that the jurisdictional objection was well taken. (Matter of Torre v. Heffernan, 188 Misc. 284, affd. 271 App. Div. 752, affd. 296 N. Y. 624; Matter of King v. Cohen, 293 N. Y. 435; Matter of Constantino [Cioffi], 286 N. Y. 681.) Motion for leave to appeal to the Court of Appeals granted. The following question is certified: Was the order of the Special Term, dated August 6, 1948, properly made? Present — Johnston, Acting P. J., Adel, Sneed and Wenzel, JJ.

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Order, insofar as appealed from, affirmed, without costs. No opinion. Adel, Sneed and Wenzel, JJ., concur; Johnston, Acting P. J., dissents and votes to reverse the order and to dismiss the proceeding, on the ground that the jurisdictional objection was well taken. (Matter of Torre v. Heffernan, 188 Misc. 284, affd. 271 App. Div. 752, affd. 296 N. Y. 624; Matter of King v. Cohen, 293 N. Y. 435; Matter of Constantino [Cioffi], 286 N. Y. 681.) Motion for leave to appeal to the Court of Appeals granted. The following question is certified: Was the order of the Special Term, dated August 6, 1948, properly made? Present — Johnston, Acting P. J., Adel, Sneed and Wenzel, JJ.

Serri v. Heffernan, 274 A.D. 852, 81 N.Y.S.2d 273, 1948 N.Y. App. Div. LEXIS 3652 (N.Y. Ct. App. 1948).

Pincite

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Opinion

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