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FALCONE v. FALCONE

25 A.D.2d 602 (1966)

Bernard Falcone, Respondent, v. Myrtle M. Falcone, Appellant

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

February 17, 1966

Judgment unanimously reversed on the law and facts, and a new trial granted, without costs of this appeal to either party.

Memorandum:

Heretofore we reserved decision upon this appeal and remitted the action to the Referee for the making of appropriate findings of fact and conclusions of law (24 A.D.2d 50). While we reviewed the facts in some detail it was emphasized (p. 54) that "this evidence presented questions of credibility...

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