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PLATTO v. STIER

308 N.Y. 699 (1954)

Mary Platto et al., Appellants, v. Bertha Stier, Respondent.

Court of Appeals of the State of New York.

Decided December 31, 1954

Attorney(s) appearing for the Case

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

Samuel E. Swiggett for respondent.

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.

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

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