MATTER OF JOCHNOWITZ v. MACK


39 A.D.2d 931 (1972)

In the Matter of Sandra Jochnowitz et al., Appellants, v. Alvin D. Mack et al., Respondents

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

June 12, 1972


Judgment reversed, on the law, and proceeding remanded to the Special Term for a full hearing and a new determination. The questions of fact have not been considered on this appeal.

In our opinion, it is unnecessary to decide the issue of fraud because the petitioners were not given an opportunity for a full hearing. In order that the issue may be decided, a full hearing is necessary to determine...

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