CINELLI v. SAGER


13 A.D.2d 716 (1961)

Anthony Cinelli, Appellant, v. Cuthbert R. Sager et al., Respondents

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

April 6, 1961


Judgment and order unanimously reversed, without costs of this appeal to any party, and case remitted to Monroe County Court for further proceedings in accordance with memorandum.

Memorandum:

There are issues of fact involved. Testimony should be taken. Thereafter appropriate findings should be made as to the circumstances under which the settlement is claimed to have been made and recorded, and a determination should be made as to whether the case was effectively...

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