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Matter of Odsen v. Valentine

Appellate Division of the Supreme Court of New York, First Department
Mar 13, 1942
263 App. Div. 978 (N.Y. App. Div. 1942)

Opinion

March 13, 1942.

Appeal from Supreme Court, New York County.


As petitioner denies that he attempted any fraud in his examination, the order should be modified by granting an alternative order so that the issues of fact involved may be tried, and as so modified affirmed, without costs. (See Matter of Pape v. Kern, 263 App. Div. 557, decided simultaneously herewith.)

Dore, Cohn and Callahan, JJ., concur; Martin, P.J., and Townley, J., dissent and vote to affirm.

Order modified by granting an alternative order so that the issues of fact involved may be tried, and as so modified affirmed, without costs. Settle order on notice.


Summaries of

Matter of Odsen v. Valentine

Appellate Division of the Supreme Court of New York, First Department
Mar 13, 1942
263 App. Div. 978 (N.Y. App. Div. 1942)
Case details for

Matter of Odsen v. Valentine

Case Details

Full title:In the Matter of the Application of ALBERT ODSEN, Petitioner, Respondent…

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

Date published: Mar 13, 1942

Citations

263 App. Div. 978 (N.Y. App. Div. 1942)