Corcillo v. Mele

29 A.D.2d 560 Court N.Y. App. Div. Decision date 1967-12-20 English

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p. 560

Thalia Corcillo, Respondent, v. Lillian Mele, Appellant, et al., Defendants.

Order of the Supreme Court, Westchester County, dated August 28, 1967, reversed, without costs, and motion remanded to the Special Term for a hearing on the issues raised in the affidavits. In our opinion, the affidavits on the motion raised substantial issues of fact which could not properly be decided without a hearing. Christ, Acting P. J., Brennan, Rabin, Hopkins and Munder, J J., concur.