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O'MALLEY v. O'MALLEY

67 A.D.2d 680 (1979)

C. Hooker O'Malley, Respondent, v. Elizabeth F. O'Malley, Appellant

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

January 15, 1979

Order reversed, without costs or disbursements, and action remitted to Special Term for a hearing and a new determination in accordance herewith.

Upon the disputed facts in this case, the questions involved should not have been decided without a hearing. A hearing is required to afford adequate opportunity for examination and cross-examination of witnesses and for evaluation of the documents...

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