MATTER OF MORGENBESSER v. VAN AKEN


50 A.D.2d 894 (1975)

In the Matter of Howard D. Morgenbesser, Appellant v. George C. Van Aken et al., Respondents

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

December 29, 1975


Proceeding remitted to Special Term for the purpose of conducting a hearing to determine how petitioner's attorney obtained possession of the check in question and appeal held in abeyance in the interim. After considering the record on appeal, including correspondence referred to in the opposing affidavit of Sherman F. Sosnow, Esq., we conclude that a hearing will best resolve the allegations herein. It might be advisable for the Justice who heard this matter to consider...

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