BABYLON MILK & CREAM CO., INC. v. GERARD


284 A.D. 903 (1954)

Babylon Milk & Cream Co., Inc., Appellant, v. Leo Gerard, Defendant, and "Mary" Gerard, Respondent

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

October 25, 1954.


Order modified by striking therefrom the second decretal paragraph and by adding to said order a provision that respondent's cross application be denied. As so modified, order unanimously affirmed, without costs.

The disposition of appellant's motion was proper in view of the denial that any personal property was transferred to respondent. However, the latter did not set forth facts by documentary evidence or official records sufficient to defeat appellant's alleged...

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