MATTER OF CAVALLARO


284 A.D. 865 (1954)

In the Matter of The Estate of Ilario Cavallaro, Deceased. Dominico Cavallaro, Appellant; Josephine Mahalick, as Administratrix of The Estate of Ilario Cavallaro, Deceased, Respondent

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

September 22, 1954.


Order reversed on the law and facts, with $10 costs and disbursements, and application for a jury trial granted.

Memorandum:

We think on this record there is a genuine and bona fide issue of legal title and either party has the right to a jury trial on demand. (Matter of Comfort, 234 App. Div. 19.) We hold under the circumstances here shown the delay was not...

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