From Casetext: Smarter Legal Research

McCoy v. McCoy

Appellate Division of the Supreme Court of New York, First Department
Jun 24, 1938
254 App. Div. 855 (N.Y. App. Div. 1938)

Opinion

June 24, 1938.

Present — O'Malley, Untermyer, Dore, Cohn and Callahan, JJ.


Judgment, in so far as it dismisses the complaint, reversed without costs and a new trial ordered of the issues joined by the complaint and answer, on the ground that the decision was against the weight of the evidence. (O'Malley and Cohn, JJ., dissent and vote to reverse and grant judgment for the plaintiff.) Judgment, in so far as appealed from by defendant, unanimously affirmed, without costs. Settle order on notice, reversing findings inconsistent with this determination, and containing such new findings of fact proved upon the trial as are necessary to sustain the judgment hereby awarded.


Summaries of

McCoy v. McCoy

Appellate Division of the Supreme Court of New York, First Department
Jun 24, 1938
254 App. Div. 855 (N.Y. App. Div. 1938)
Case details for

McCoy v. McCoy

Case Details

Full title:WALTER A. McCOY, Appellant, Respondent, v. SELMA McCOY, Respondent…

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

Date published: Jun 24, 1938

Citations

254 App. Div. 855 (N.Y. App. Div. 1938)