HOWELL v. HOWELL


57 A.D.2d 886 (1977)

Douglas J. Howell et al., Respondents-Appellants, v. Duane P. Howell et al., Appellants-Respondents, et al., Defendant

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

May 16, 1977


Order affirmed insofar as appealed from, without costs or disbursements.

There are issues of fact to be determined at the trial.

Shapiro, J., concurs insofar as the majority has affirmed the denial of defendants' motion for summary judgment, but otherwise dissents and votes to grant plaintiffs' cross motion for summary judgment and direct an accounting by appellants-respondents, with the following memorandum: In this case defendant Duane P. Howell...

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