Hecht v. Yarnis

Full title: ARTHUR H. HECHT, Respondent, v. LILLIAN YARNIS, Appellant

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 28, 1944

268 App. Div. 771 (N.Y. App. Div. 1944)

Opinion

June 28, 1944.

Present — Martin, P.J., Townley, Glennon, Dore and Cohn, JJ.;

The action is barred by article 2-A of the Civil Practice Act. ( Josephson v. Dry Dock Savings Institution, 266 App. Div. 992, affd. 292 N.Y. 666, and Andie v. Kaplan, 288 N.Y. 685.) Determination of the Appellate Term reversed, with costs in this court and in the Appellate Term to the defendant, and the judgment and order of the City Court affirmed.

Dore, J., dissents and votes to affirm for the reasons stated in the opinion of the learned Appellate Term. [See post, p. 850.]