MEENAN v. MEENAN


1 N.Y.2d 269 (1956)

Irene E. Meenan, Appellant, v. John E. Meenan, Respondent.

Court of Appeals of the State of New York.

Decided May 24, 1956.


Attorney(s) appearing for the Case

Frederick J. Britton for appellant.

Irwin Pakula for respondent.

CONWAY, Ch. J., DESMOND, DYE, FULD, FROESSEL, VAN VOORHIS and BURKE, JJ., concur.


Per Curiam.

Neither the order appealed from nor the order granting permission to appeal to this court contains any specification by the Appellate Division that its decision was based solely on questions of law and was not also the result of an exercise of discretion. In such circumstances, section 603 of the Civil Practice Act compels us to presume that the contrary is the fact. That being so, it follows that there...

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