NACLERIO v. NACLERIO


13 A.D.2d 331 (1961)

Angelina Naclerio, as Administratrix of The Estate of Philip Naclerio, Deceased, Appellant, v. Margaret Naclerio, Respondent

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

June 27, 1961.


Attorney(s) appearing for the Case

B. Robert Bodner for appellant.

Joseph Y. Israel of counsel (Seymour Cohen, attorney), for respondent.

BREITEL, J. P., EAGER and STEUER, JJ., concur in Per Curiam opinion; RABIN and McNALLY, JJ., dissent in opinion.


Per Curiam.

After trial before the court without a jury, plaintiff, as administratrix of her decedent husband's estate, appeals from the judgment dismissing her complaint in which she sought to recover certain real property or the proceeds of its sale. Decedent, who had been married to plaintiff in 1923, but from whom he was separated for some years, had transferred the property by deed to his sister, defendant in...

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