McCarthy v. McCarthy

265 A.D. 939 Court N.Y. App. Div. Decision date 1942-12-07 English

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Majority

p. 939

Harry O. McCarthy, Respondent, v. Mary M. McCarthy, Appellant.

We are of opinion that a new trial should not be granted, for none is needed, as the action has been tried, although not yet decided. Hagarty, Carswell and Close, JJ.,concur; Lazansky, P. J., and Adel, J., dissent and vote to affirm. (Corr V. Hoffman, 256 N. Y. 254 , 267.)

Cases cited

Corr v. Hoffman 256 N. Y. 254 N.Y. 1931-05-12 at 267 p. 939