Manufacturers Safe Deposit Co. v. Cohen — 277 A.D.2d 854

Majority

p. 854

Manufacturers Safe Deposit Company, Appellant, v. Louis Cohen, as Administrator of the Estate of Ray Cohen, Deceased, et al., Respondents. Louis Cohen, as Administrator of the Estate of Ray Cohen, Deceased, Respondent, v. Manufacturers Safe Deposit Company, Appellant. (Consolidated Actions.)

Judgment and order, as resettled, unanimously reversed, with costs to the appellant, and the motion for judgment on the pleadings denied. The rights of the respective parties to possession of the package of currency found should be determined only after a trial of the issues of fact necessarily involved. Settle order on notice. Present ■ — Peek, P. J., Glennon, Cohn, Van Voorhis and Shientag, JJ. [ 193 Misc. 900 .]

Cases cited

Manufacturers Safe Deposit Co. v. Cohen 193 Misc. 900 N.Y. Sup. Ct. 1948-12-08 p. 854