Saracena v. Zieser

240 A.D. 814 Court N.Y. App. Div. English

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Majority

p. 814

Anthony C. Saracena, as Executor, and Elizabeth Picarello, as Executrix of Michael A. Saracena, Deceased, Respondents, v. Julius H. Zieser, Appellant.

Judgment and order reversed, with costs, and the motion denied, on the ground that there is an issue of fact which must be tried. Present — Finch, P. J., Martin, O’Malley, Townley and Glennon, JJ.; O’Malley, J., dissents and votes for affirmance.