Hyperlawhypertext legal database Moritz v. Moritz 153 A.D. 153

← Cases

Moritz v. Moritz

153 A.D. 153 Court First Department, Decision date 1912-11-15 English

Delivered by Scott, J.:

Contents

Majority

p. 153
George F. Moritz and Others, Respondents, v. Anna V. Moritz, Appellant. (Action No. 2.)
First Department,
November 15, 1912.

Headnote

See head note in Moritz v. Moritz, No. 1 (ante, p. 147).
Appeal by the defendant, Anna V. Moritz, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 21st day of June, 1911, upon the decision of the court rendered after a trial at the New York Special Term.
Charles A. Decker, for the appellant.
John Purroy Mitchel, for the respondents.

For the reasons stated at length in action No. 1 of this title ( 153 App. Div. 147 ), I am of opinion that the judgment appealed from should he reversed and the complaint dismissed, with costs to appellant in this court and the court below.

Ingraham, P. J., and Clarke, J., concurred; Miller and Dowling, JJ., dissented.

Judgment reversed and complaint dismissed, with costs to appellant in this court and in the court below. Order to be settled on notice.

Cases cited