¶1We are of opinion that a new trial should not be granted, for none is needed, as the action has been tried, although not yet decided. Hagarty, Carswell and Close, JJ.,concur; Lazansky, P. J., and Adel, J., dissent and vote to affirm. (Corr V. Hoffman, 256 N. Y. 254, 267.)
265 A.D. 939
McCarthy v. McCarthy
Appellate Division of the Supreme Court of the State of New York
Decided December 7, 1942
Appellate Division of the Supreme Court of the State of New York · decided 1942-12-07
Relies on Corr v. Hoffman
Decided 1942-12-07