ABARNO v. ABARNO


9 N.Y.2d 636 (1961)

Philomena Abarno, Respondent, v. Pasquale Abarno, Appellant.

Court of Appeals of the State of New York.

Decided January 12, 1961.


Attorney(s) appearing for the Case

Mizell Wilson, Jr., for appellant.

C. Robert Cerchiara and Manlio S. Severino for respondent.

Concur: Chief Judge DESMOND and Judges FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER. Judge DYE dissents and votes to affirm.


Judgment reversed, without costs, and matter remitted to Special Term to find the facts which it is deems essential to its decision as required by section 440 of the Civil Practice Act (Mason v. Lory Dress Co., 277 App. Div. 660...

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