MATTER OF KOGAN v. D'ANGELO


54 N.Y.2d 781 (1981)

In the Matter of Bruce Kogan, Respondent, v. Ronald D'Angelo, Appellant. (And Another Proceeding.)

Court of Appeals of the State of New York.

Decided September 3, 1981.


Attorney(s) appearing for the Case

Louis J. Marrero for appellant.

Henry Stanziale for respondent.

Chief Judge COOKE and Judges GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur; Judge JASEN dissents and votes to affirm in an opinion.


MEMORANDUM.

The order of the Appellate Division should be reversed and the matter remitted to that court for its consideration of the facts.

The Trial Judge, based on a stipulation that 45 of the 58 signatures obtained by a subscribing witness failed to match signatures on the buff card, struck those signatures but declined to strike the remaining 13 signatures. He made no finding that the 45 signatures were fraudulently...

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