DALEY v. CASTELLANO


46 A.D.2d 771 (1974)

Howard G. Daley et al., Appellants, v. Rose O. Castellano, Respondent

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

November 4, 1974


Order reversed, without costs, and motion denied.

While the contents of the January 29, 1973 letter of plaintiffs' attorney is strong evidence against plaintiffs, there are nevertheless issues of fact with respect to whether the acts of defendant's son are binding on defendant. No affidavit was submitted by defendant's son contradicting the factual assertions contained in the affidavit of plaintiff Howard G. Daley to the effect that the son was authorized to act as...

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