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GABAY v. ROSENBERG

19 N.Y.2d 899 (1967)

Leda Gabay, Appellant, v. Esther Rosenberg, as Executrix of Saul Rosenberg, Deceased, Respondent.

Court of Appeals of the State of New York.

Decided May 18, 1967.

Attorney(s) appearing for the Case

Sydney A. Fried for appellant.

Max Wechsler and Albert L. Solodar for respondent.

Concur: Chief Judge FULD and Judges BURKE, BERGAN and KEATING. Judges VAN VOORHIS, SCILEPPI and BREITEL dissent and vote to affirm.

Order reversed, without costs. In our opinion, the agreed statement of facts is sufficient. Since the Appellate Division, taking a different view, has declined to consider or pass upon fact questions, the case is remitted to that court for a determination upon the merits. (CPLR 5613; see, e.g., Matter of Brenner v. Great Cove Realty Co., 6 N.Y.2d 435...

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