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FERGUSON v. FERGUSON

8 N.Y.2d 1148 (1960)

Lucile M. Ferguson, Respondent, v. Joseph B. Ferguson, Appellant.

Court of Appeals of the State of New York.

Decided December 1, 1960.

Attorney(s) appearing for the Case

David I. Shivitz and Leonard Belford for appellant.

Mortimer H. Tischler and Charles W. Silver for respondent.

Concur: Judges DYE, FROESSEL, VAN VOORHIS and FOSTER. Chief Judge DESMOND and Judges FULD and BURKE dissent and vote to affirm upon the ground that on this record the question was solely one of discretion for the lower courts.

Order of Appellate Division reversed, without costs, and that of Special Term reinstated upon the opinion of Mr. Justice PETTE. No opinion....

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