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Hines v. Walsh

269 A.D. 825 Court N.Y. App. Div. Decision date 1945-06-15 English

Delivered by Untermyer, J.

Contents

Dissent

p. 825
In the Matter of Paul J. Hines, Appellant, against Patrick Walsh, as Fire Commissioner of the City of New York, Respondent.

(dissenting). The sanity of the petitioner at the time the charges were served at his residence, upon which depends the validity of the service, cannot be decided without a trial, upon these conflicting affidavits.

The order should accordingly be modified by directing a trial of the issues herein.

Martin, P. J., Townley, Glennon and Dore, JJ., concur in decision; Untermyer, J., dissents in opinion.

Order affirmed, with $20 costs and disbursements. No opinion.