Opinion
Argued June 3, 1963
Decided July 10, 1963
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, MAURICE D. ISENBERGH, S.
Samuel Gottlieb, Abraham Wilson, James E. Brearton and Harry Giesow for proponent-appellant-respondent.
George J. Hirsch for contestant-respondent-appellant.
Edward G. Dillon for appellant.
Order affirmed, with costs to all parties appearing separately and filing separate briefs, payable out of the estate. The jury verdict of fraud and undue influence reversed by the Appellate Division as against the weight of the evidence leaves such issues as much open in a new litigation as they would have been on a new trial had one been necessary here. No opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, FOSTER and SCILEPPI.