WELCH v. MINNING


282 A.D. 851 (1953)

Albert C. Welch, Appellant, v. Lawrence Minning et al., Respondents

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

September 30, 1953.


Order affirmed, with $10 costs and disbursements.

All concur, except McCurn, P. J., and Piper, J., who dissent and vote for reversal and denial of the motion, in the following memorandum:

We think the moving affidavit is defective and that the order should be reversed and the motion denied with leave to renew on proper papers. The affiant should state that he has interviewed the witnesses, or that he has read their affidavits or statements to show the source...

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