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Bisso v. Bisso

269 A.D. 978 Court N.Y. App. Div. Decision date 1945-11-16 English

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p. 978
Emanuel N. Bisso, Respondent, v. Mildred B. Bisso et al., Appellants.

Order affirmed, without costs. No opinion. Present — Martin, P. J., Townley, Dore, Callahan and Wasservogel, JJ.; Callahan, J., dissents as to the second separate, distinct and affirmative defense in the proposed amended answer of defendant Mildred Bedell Da Gama and votes to grant the • motion of said defendant for leave to amend her answer on the ground that because of the nature of the action (one for declaratory judgment) said defense is a proper one. [See post, p. 1024.]