HOYT v. HOYT


276 A.D. 995 (1950)

Ethel B. Hoyt, Respondent, v. Harold W. Hoyt, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

March 14, 1950.


Judgment affirmed, with costs.

COHN, J. (dissenting).

In this very case, we affirmed an order made by the Special Term denying a motion and a cross motion for judgment on the pleadings after the joinder of issue (275 App. Div. 1029). Thus we held that the agreement was not sufficiently clear to be construed as a matter of law and that it was ambiguous. Upon the trial which was had after this determination, plaintiff offered no competent proof...

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