BLEK v. BLEK


306 N.Y. 27 (1953)

Alexandra M. Blek, Plaintiff, v. Joseph A. L. Blek, Defendant. Joseph A. L. Blek, Appellant, v. Alexandra M. Blek, Respondent.

Court of Appeals of the State of New York.

Decided July 14, 1953


Attorney(s) appearing for the Case

Joseph H. Wackerman and Emerson A. Swartz for appellant.

S. Leighton Frooks and Dorothy Frooks for respondent.

LEWIS, Ch. J., CONWAY and DYE, JJ., concur with FROESSEL, J.; FULD, J., dissents in opinion in which DESMOND and VAN VOORHIS, JJ., concur.


FROESSEL, J.

We think that the judgment of the Appellate Division must be affirmed. In view of its affirmance of the determination of the trial court, we are precluded from weighing the evidence, as did the sole dissenting Justice in the Appellate Division. Rather the only question presented to us is whether there is any evidence to support the finding of the jury that Engelman and Georgia Hartwell had contracted...

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