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AHL v. EMMERICH

9 A.D.2d 523 (1960)

Else Ahl, Respondent, v. John H. Emmerich, as Executor of John H. Emmerich, Deceased, Appellant

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

February 2, 1960.

Attorney(s) appearing for the Case

James E. Kelliher of counsel (Loretta A. Conway with him on the brief; James E. Kelliher, attorney), for appellant.

Seymour Joseph of counsel (Louis C. Bial with him on the brief; Delson, Levin & Gordon, attorneys), for respondent.

BREITEL, J. P., RABIN, VALENTE and STEVENS, JJ., concur in memorandum; McNALLY, J., dissents and votes to affirm in opinion.

MEMORANDUM BY THE COURT.

Judgment in favor of plaintiff after trial reversed on the law and on the facts and the complaint dismissed, without costs to either party, but without prejudice to the bringing by plaintiff of another action or proceeding which she may deem appropriate. The evidence established that the decedent did not intend that plaintiff should have the benefit of both the payment of the alleged debt to her parents and the assignment of the mortgages...

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