Decker v. People — 11 A.D.2d 888

Majority

p. 888

Clarence E. Decker, Individually and as Executor of William H. Decker, Deceased, et al., Respondents, v. The People of the State of New York, Appellant.

Appeal from an order of a Special Term, County Court, Sullivan County. Order reversed and complaint dismissed, without costs. (See Schulman v. People, 11 A D 2d 273 .) Bergan, P. J., Coon, Gibson and Reynolds, JJ., concur; Herlihy, J., dissents and votes to affirm. (See dissenting memorandum in Schulman v. People, 11 A D 2d 273 .) [ 23 Misc 2d 90 .]

Cases cited

Schulman v. People 11 A D 2d 273 N.Y. App. Div. 1960-07-27 p. 888
Decker v. People 23 Misc 2d 90 Sullivan Cty. Ct. 1959-12-28 p. 888