Rosenberg v. Caban — 16 N.Y.2d 905

Majority

p. 905

Lawrence S. Rosenberg, as Executor of Mary Rosenberg, Deceased, Appellant, v. Ed Caban, Respondent, et al., Defendants.

Argued September 22, 1965;

decided October 21, 1965.

p. 906

Nathan L. Berke and Howard B. Gliedman for appellant.

Herbert Bicker for respondent.

Order reversed, without costs, and matter remitted to Special Term with direction to deny the motion upon the ground that there is involved here no more than a mere irregularity subject to correction (CPLR 2001). Question certified answered in the negative. No opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Van Voorhis, Burke, Scileppi and Bergan.