¶1Judgment, Supreme Court, New York County, entered on October 15, 1974, affirmed, without costs and without disbursements. Concur—-Kupferman, J. P., Murphy and Yesawich, JJ.; Lupiano and Capozzoli, JJ., dissent in the following memorandum: We dissent. It is our view that the evidentiary basis delineated in the referee’s report as warranting a new election does not come within the ambit of Matter of Lowenstein v. Larkin (40 A D 2d 604, affd. 31 N Y 2d 654)
46 A.D.2d 630
Calderon v. Sclafani
Appellate Division of the Supreme Court of the State of New York
Decided October 16, 1974
Appellate Division of the Supreme Court of the State of New York · decided 1974-10-16
Decided 1974-10-16