Strevell v. Mink

Full title: GRACE STREVELL, Appellant, v. LOUISE F. MINK, Defendant, and LELAND…

Court: Court of Appeals of the State of New York

Date published: May 29, 1959

6 N.Y.2d 850 (N.Y. 1959)

188 N.Y.S.2d 557

160 N.E.2d 89

Opinion

Argued April 15, 1959

Decided May 29, 1959

Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, CHRISTOPHER J. HEFFERNAN, Off. Ref.

Ernest B. Morris, J. Vanderbilt Straub and John J. Clyne for appellant.

Philip G. Coffey, Jr., for respondents.

Judgment affirmed, with costs.

Concur: Chief Judge CONWAY and Judges DESMOND, DYE, FULD, VAN VOORHIS and BURKE. Judge FROESSEL dissents and votes to modify upon the ground that relief cannot be granted where the complaint has been dismissed.