Chapman v. Schultz

Full title: ALICE CHAPMAN, Appellant, v. JOHN H. SCHULTZ, Respondent

Court: Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Mar 6, 1975

47 A.D.2d 806 (N.Y. App. Div. 1975)

Opinion

March 6, 1975

Appeal from the Monroe Special Term.

Present — Marsh, P.J., Moule, Mahoney, Del Vecchio and Witmer, JJ.

Order reversed, with costs, and motion denied. Memorandum: The issues presented on this appeal are identical with those before the court in Ziemba v. Sternberg ( 45 A.D.2d 230). In accordance with our holding therein, the order of Special Term, made prior to that decision, should be reversed and defendant's motion denied. All concur, Mahoney, J. under the constraint of Ziemba v. Sternberg ( supra)