¶1Beldoek and Ughetta, JJ., concur; Nolan, P. J., concurs for the reasons stated by him in Matter of Bergner v. Meisser (14 A D 2d 598). Kleinfeld and Pette, JJ., dissent and vote to reverse the order and to remit the proceeding to the Special Term for hearing and determination of the issues arising thereon, for the reasons stated by them in their dissenting memorandum in Matter of Bergner v. Meisser.
14 A.D.2d 599
Bergner v. Meisser
Appellate Division of the Supreme Court of the State of New York
Decided August 31, 1961
Appellate Division of the Supreme Court of the State of New York · decided 1961-08-31
Decided 1961-08-31