Platto v. Stier

Full title: MARY PLATTO et al., Appellants, v. BERTHA STIER, Respondent

Court: Court of Appeals of the State of New York

Date published: Dec 31, 1954

124 N.E.2d 327 (N.Y. 1954)

124 N.E.2d 327

Opinion

Argued November 15, 1954

Decided December 31, 1954

Appeal from the Supreme Court, Appellate Division, First Department, ISIDOR WASSERVOGEL, Special Ref.

Herbert L. Fine, Murray Eisenberg and Harry Zeitlan for appellants.

Samuel E. Swiggett for respondent.

Judgment of the Appellate Division reversed and case remitted to that court for determination of questions of fact, without costs to either party. (Civ. Prac. Act, § 602; see, e.g., McLean v. McKinley, 307 N.Y. 661.) No opinion.

Concur: LEWIS, Ch. J., CONWAY, DESMOND, DYE, FULD and FROESSEL, JJ. VAN VOORHIS, J., dissents and votes to affirm on the ground that the Appellate Division correctly dismissed the complaint upon the law.