WEISS v. CHERNO


9 A.D.2d 934 (1959)

Max Weiss, Appellant, v. Isidore Cherno, as Trustee of The Estate of Natureland Stores, Inc., Bankrupt, Respondent

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

December 28, 1959


Judgment affirmed, with costs.

No opinion.

Nolan, P. J., and Wenzel, J., dissent and vote to reverse the judgment and to dismiss the submission, with the following memorandum.

The case which the parties attempted to submit, and which is the basis for the judgment appealed from, was not accompanied with the affidavit required by section 546 of the Civil Practice Act nor was the submission acknowledged or proved...

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