SLUSARCZYK v. SLUSARCZYK


41 A.D.2d 593 (1973)

Stanley Slusarczyk, as Administrator of The Estate of John Slusarczyk, Deceased, Appellant, v. Edwin L. Slusarczyk et al., Respondents Joseph Slusarczyk, as Executor of Caroline Slusarczyk, Deceased, Appellant, v. Edwin L. Slusarczyk et al., Respondents

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

January 18, 1973


Judgment unanimously reversed on the law and facts, without costs, and new trial granted.

Memorandum:

Plaintiff appeals from a judgment dismissing his complaint in an action he brought as administrator for payment of an obligation evidenced by an instrument alleged to have been executed by defendants. At the close of all the evidence defendants renewed their motion to dismiss which had been made and denied after plaintiff had rested. The court again denied...

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