Kalish v. Higgins

Full title: Johanna Kalish and Others, as Executors, etc., of Joseph Kalish, Deceased…

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

Date published: Mar 1, 1902

70 App. Div. 613 (N.Y. App. Div. 1902)

Opinion

March Term, 1902.

Judgment reversed, new trial ordered, costs to appellant to abide event.

INGRAHAM, J.:

The action is brought to set aside a conveyance of property made by the defendant Luke Higgins to the defendant Elizabeth Higgins, his wife. The case was tried with, and depends upon the same facts, as the case of Kalish v. Higgins ( No. 1) ( ante, p. 192), and for the reasons stated in the opinion in that case the judgment appealed from should be reversed and a new trial ordered, with costs to the appellant to abide the event. Van Brunt, P.J., McLaughlin, Hatch and Laughlin, JJ., concurred.