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Appel v. Root

13 N.Y.2d 748 Court N.Y. Decision date 1963-06-06 English

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p. 748
Oscar Appel et al., Respondents, v. Rhoda Root, Appellant.
Argued May 8, 1963;
decided June 6, 1963.
p. 749
Joseph S. Catalano and James A. Doherty for appellant.
Paul Gewurs for respondents.

Order affirmed, with costs. Question certified answered in the affirmative. No opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Burke, Foster and Scileppi. Judge Van Voorhis dissents and votes to reverse and to deny the motion for summary judgment upon the ground that a triable issue is presented.