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BUSHNELL v. BOZZUTO

285 A.D. 904 (1955)

James M. Bushnell, Respondent, v. Michael Bozzuto, Appellant

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

February 28, 1955.

Order of said County Court reversed and order and judgment of said City Court vacated, with $10 costs and disbursements on each of the appeals, in this court and in said County Court; and plaintiff's motion denied, with $10 costs.

The moving papers are palpably insufficient and the supporting affidavit entirely hearsay. Moreover, it clearly appears that a triable issue of fact exists as to the breach of the separation agreement...

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