¶1Decree affirmed, without costs of this appeal to any party. All concur, except Dowling, J., who dissents and votes for reversal and for a new hearing on the authority of Simon v. Wheel Chair Some for Incurables (267 App. Div. 938). (The decree dismisses the petition in a discovery proceeding.) Present — Cunningham, P. J., Taylor, Dowling, Harris and McCurn, JJ.
268 A.D. 815
In re Rossley
Appellate Division of the Supreme Court of the State of New York
Decided June 28, 1944
Appellate Division of the Supreme Court of the State of New York · decided 1944-06-28
Decided 1944-06-28