Hammer v. Hammer

Full title: CLARA HAMMER, Appellant, v. GEORGE HAMMER, Respondent

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

Date published: Jun 10, 1952

280 App. Div. 765 (N.Y. App. Div. 1952)

Opinion

June 10, 1952.

Present — Cohn, J.P., Callahan, Van Voorhis, Heffernan and Bergan, JJ.

Order unanimously reversed, with $20 costs and disbursements to appellant and the motion to dismiss the complaint denied, with leave to defendant to answer within ten days after service of a copy of the order, with notice of entry thereof, on payment of said costs and disbursements. It is implicit in the earlier decision ( Hammer v. Hammer, 278 App. Div. 396, 940, affd. 303 N.Y. 481) that a good cause of action was pleaded in the complaint. Settle order on notice.