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SLOTNICK v. CAMPANILE

38 N.Y.2d 986 (1976)

Abraham Slotnick, as Administrator of The Estate of Joan R. Slotnick, Deceased, Appellant, v. Michael Campanile, Individually and as Administrator of The Estate of Donna W. Campanile, Deceased, Respondent.

Court of Appeals of the State of New York.

Decided March 30, 1976.

Attorney(s) appearing for the Case

Roger B. De Berardine for appellant.

Robert Devine, Stephen W. O'Leary and Stephen W. O'Leary, Jr., for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Appellant's contention that the determination by Special Term — that appellant failed to sustain the burden of proving service on respondent — was against the weight of the evidence presents only an issue of fact which, in light of the Appellate Division's affirmance, is not within our power to review.

Assuming without deciding...

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