MATTER OF SHERIDAN CONSTR. CORP.


24 A.D.2d 731 (1965)

In the Matter of Sheridan Construction Corporation. Albert E. Buyers, Jr., Appellant; Michael C. Wagner, Respondent

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

September 23, 1965


Order unanimously reversed, without costs of this appeal to any party, and matter remitted to Erie Special Term for further proceedings in accordance with the memorandum.

Memorandum:

There were so many procedural irregularities that the order must be reversed. Notable among these irregularities is the fact that a simple notice of motion was served on June 30, returnable on July 1. We have no record of what transpired before the Presiding Justice, nor can we...

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