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TAUSIK v. TAUSIK

11 A.D.2d 144 (1960)

Adolph Tausik, Respondent, v. Helen T. Tausik, Appellant

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

July 5, 1960.

Attorney(s) appearing for the Case

Joseph F. Seminara of counsel (Sidney A. Wolff with him on the brief; Goldstone & Wolff, attorneys), for appellant.

Meyer Kraushaar of counsel (Philip Wolfson with him on the brief; Bonom & Wolfson, attorneys), for respondent.

BOTEIN, P. J., VALENTE and BERGAN, JJ., concur in Memorandum by the court; RABIN and McNALLY, JJ., dissent and vote to reverse and dismiss in a dissenting opinion by McNALLY, J.

MEMORANDUM BY THE COURT.

Determination of Appellate Term, dated April 4, 1960 and April 5, 1960, affirmed, with costs to respondent. Subdivision 8 of section 1411 of the Civil Practice Act, which was enacted following a recommendation by the Law Revision Commission (1951 Report of N. Y. Law Rev. Comm. [N. Y. Legis. Doc., 1951, No. 65(C)]) provides for summary proceedings against a licensee whose license has expired or has been revoked by the licensor. Nothing in subdivision...

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