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Newburger v. Newburger

Court of Appeals of the State of New York
Feb 26, 1959
157 N.E.2d 172 (N.Y. 1959)

Summary

In Newburger v. Newburger (5 N.Y.2d 953), our Court of Appeals held that a similar third party was not indispensable to the determination of the action before the court (see, also, Stange v. Stange, 17 Misc.2d 1028). Plaintiff's motion for judgment is therefore in all respects granted.

Summary of this case from Petruzzo v. Petruzzo

Opinion

Argued January 5, 1959

Decided February 26, 1959

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, LEE PARSONS DAVIS, Off. Ref.

Kalman I. Nulman for appellant.

Jesse Climenko for respondent.


Order affirmed, without costs. Question certified answered in the affirmative. No opinion.

Concur: Chief Judge CONWAY and Judges DESMOND, DYE, FULD, FROESSEL, VAN VOORHIS and BURKE.


Summaries of

Newburger v. Newburger

Court of Appeals of the State of New York
Feb 26, 1959
157 N.E.2d 172 (N.Y. 1959)

In Newburger v. Newburger (5 N.Y.2d 953), our Court of Appeals held that a similar third party was not indispensable to the determination of the action before the court (see, also, Stange v. Stange, 17 Misc.2d 1028). Plaintiff's motion for judgment is therefore in all respects granted.

Summary of this case from Petruzzo v. Petruzzo
Case details for

Newburger v. Newburger

Case Details

Full title:ANN B. NEWBURGER, Appellant, v. ANDREW M. NEWBURGER, Respondent

Court:Court of Appeals of the State of New York

Date published: Feb 26, 1959

Citations

157 N.E.2d 172 (N.Y. 1959)
157 N.E.2d 172
183 N.Y.S.2d 804

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