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Buglione v. Buglione

279 A.D. 1089 Court N.Y. App. Div. Decision date 1952-05-19 English

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p. 1089
Frances Buglione, Respondent, v. Dominick Buglione, Appellant.

The issues should not have been determined on affidavits, especially where, as here, a demand for a hearing was made. Recourse should be had to the usual practice of seeing and hearing the witnesses who may be produced, with opportunity for cross-examination. (See Josephson v. Josephson, 276 App. Div. 845 , and eases cited.) Nolan, P. J., Carswell, Johnston, Adel and Wenzel, JJ., concur.