Stewart v. Espitallier

254 A.D. 840 Court N.Y. App. Div. Decision date 1938-06-17 English

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p. 840

Ethel B. Stewart and Ambrose L. O’Shea, as Ancillary Executors, etc., of Bert A. Stewart, Respondents, v. Jules Espitallier, Appellant.

Judgment and order appealed from reversed with costs, on the ground that there is a triable issue of fact. Present — O’Malley, Townley, Glennon, Cohn and Callahan, JJ.; Glennon, J., dissents and votes for affirmance.