June 24, 1938.
Present — O'Malley, Untermyer, Dore, Cohn and Callahan, JJ.; O'Malley, J., dissents and votes for affirmance.
Order reversed, with twenty dollars costs and disbursements, and the petition dismissed, on the authority of Matter of Sheridan v. McElligott ( 278 N.Y. 59) and Matter of Nash v. Brooks (276 id. 75).
Full title:In the Matter of the Application of WILLIAM E. PHILLIPS, Petitioner…
Court:Appellate Division of the Supreme Court of New York, First Department
Date published: Jun 24, 1938
Order unanimously reversed, with costs and disbursements, and the petition dismissed. (See Matter of Sheridan…
Matter of Maresca v. McElligottUpon the return day of the application, if no triable issue is raised by the pleadings and accompanying…