Urquhart v. Urquhart — 297 N.Y. 689

Majority

p. 689

Peter A. Urquhart, an Infant, by Teresa Wilson, His Guardian ad Litem, Respondent, v. John A. Urquhart, Appellant, et al., Defendants.

Argued September 29, 1947;

decided November 13, 1947.

p. 690

Louis F. Huttenlocher for appellant.

Clifton F. Weidlich for respondent.

Edward Lasanshy and Horace F. Callaghan for Estelle Señor, amicus curios, in support of respondent’s position.

Order affirmed, with costs. First and second questions certified answered in the affirmative. Third question certified not answered (as not being necessary). The question whether the second spouse is an indispensable party is not here presented (Civ. Prac. Act, §§ 192, 193), and we do not pass thereon. No opinion.

Concur: Lotjghran, Ch." J., Lewis, Conway, Desmond, Thacher, Dye and Fuld, JJ.