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ESPOSITO v. ESPOSITO

30 A.D.2d 809 (1968)

Vilma Esposito, Respondent, v. Gennaro Esposito, Appellant

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

July 1, 1968

Appeal from order of February 15, 1968 dismissed, with costs. No appeal lies from an order denying reargument. Order of November 20, 1967, reversed, on the law and the facts, without costs, and plaintiff's motion remitted to Special Term for a hearing as to defendant's financial circumstances.

In our opinion, the circumstances warrant a determination on oral proof rather than on conflicting affidavits (Abbey v. Abbey, 7 A.D.2d 910

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