HERING v. THURSTON


8 A.D.2d 991 (1959)

Marinetta T. Hering, Appellant, v. Arelyn C. Thurston, Respondent

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

July 9, 1959


Judgment insofar as appealed from reversed on the law and facts, with costs, and judgment directed in favor of plaintiff in accordance with the memorandum, with costs. Appeal from judgment entered July 3, 1958, dismissed as academic. Certain findings of fact and conclusions of law disapproved and reversed and new findings and conclusions made.

Memorandum:

The plaintiff proved her cause of action by a fair preponderance of the evidence and is entitled to equitable...

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