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239 A.D. 145

Ecker v. Cohen

Appellate Division of the Supreme Court of the State of New York · decided 1933-10-31

Decided 1933-10-31

Per Curiam.

¶1The court erroneously placed on the appellant Neylan the burden of establishing the genuineness of the signatures appearing upon the petition. The court also denied the appellant a reasonable opportunity to cross-examine the witnesses produced by the petitioners.

¶2These errors are so fundamental as to require that the order appealed from should be reversed and the motion denied.-

¶3Present — Finch, P. J., Martin, O’Malley, Townley and Glennon, JJ.

¶4Order reversed and petitioner’s motion denied.

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