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Matter of Aquino

Appellate Division of the Supreme Court of New York, First Department
Jun 17, 1947
272 App. Div. 876 (N.Y. App. Div. 1947)

Opinion

June 17, 1947.

Present — Cohn, Callahan, Peck and Van Voorhis, JJ.


In our opinion appellant made out a prima facie case of release. Respondent did not rest and has indicated that she had evidence to offer. Such evidence should be taken and a determination made on all the evidence. Decree, insofar as appealed from, unanimously reversed, with costs to appellant to abide the event, and a new trial ordered, at which the parties may stipulate, with the approval of the court, to incorporate the testimony taken in the present case in lieu of retaking such testimony.


Summaries of

Matter of Aquino

Appellate Division of the Supreme Court of New York, First Department
Jun 17, 1947
272 App. Div. 876 (N.Y. App. Div. 1947)
Case details for

Matter of Aquino

Case Details

Full title:In the Matter of the Accounting of ANIELLO AQUINO, as Temporary…

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

Date published: Jun 17, 1947

Citations

272 App. Div. 876 (N.Y. App. Div. 1947)