Fifth Ave. Bk. N.Y. v. Edgerton Park

Full title: FIFTH AVENUE BANK OF NEW YORK et al., as Trustees under the Will of…

Court: Court of Appeals of the State of New York

Date published: Apr 23, 1942

41 N.E.2d 940 (N.Y. 1942)

41 N.E.2d 940

Opinion

Argued March 19, 1942

Decided April 23, 1942

Appeal from the Supreme Court, Appellate Division, First Department, MILLER, J.

Henry A. Ingraham, Abram I. Elkus and Sidney J. Norton for plaintiffs, appellants and respondents.

Joseph M. Hartfield and Adrian D. Stevenson for defendants, respondents and appellants.

Judgment of Appellate Division reversed and that of the Special Term affirmed, without costs, on the ground that the weight of evidence lies with the finding of the Special Term. No opinion.

Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY and LEWIS, JJ. Dissenting: CONWAY and DESMOND, JJ.