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Matter of Kempf

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 1, 1935
243 App. Div. 855 (N.Y. App. Div. 1935)

Opinion

March, 1935.

Present — Sears, P.J., Taylor, Edgcomb, Thompson and Lewis, JJ.


Appeal dismissed, without costs, upon the ground that the order is merely an intermediate ruling as to the procedure upon a trial or hearing and is not an "order affecting a substantial right." We do not pass upon the question as to which party has the burden of proof or as to whether the condition is a precedent or subsequent one. All concur. (The order denied a motion to dismiss the petition and directed the executor to assume the burden of proof.)


Summaries of

Matter of Kempf

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 1, 1935
243 App. Div. 855 (N.Y. App. Div. 1935)
Case details for

Matter of Kempf

Case Details

Full title:In the Matter of the Application of CHARLES W. KEMPF to Compel Dr. RAYMOND…

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

Date published: Mar 1, 1935

Citations

243 App. Div. 855 (N.Y. App. Div. 1935)

Citing Cases

Matter of Strongin

Motion for a stay denied, without costs. The order is not appealable. ( Matter of Kempf, 243 App. Div. 855.)…