Opinion
Argued February 14, 1973
Decided March 15, 1973
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, NATHAN R. SOBEL, J.
Benjamin Heller and S. Stanley Kreutzer for appellant-respondent.
Arthur N. Seiff and Morris A. Mondschein for respondent-appellant.
Order affirmed, without costs; no opinion.
Concur: Chief Judge FULD and Judges BURKE, BREITEL, JASEN, JONES and WACHTLER. Judge GABRIELLI dissents in part and votes to modify by reinstating the decree of the Surrogate's Court adjudging that Doris Rosen had title to and right of possession of certain bearer bonds, upon the ground that there was sufficient evidence of delivery and intent to make a gift.