Abarno v. Abarno — 9 N.Y.2d 636

Majority

p. 636

Philomena Abarno, Respondent, v. Pasquale Abarno, Appellant.

Argued November 14, 1960;

decided January 12, 1961.

Misell Wilson, Jr., for appellant.

C. Robert Cerchiara and Manlio 8. Severino for respondent.

Judgment reversed, without costs, and matter remitted to Special Term to find the facts which it is deems essential to its decision as required by section 440 of the Civil Practice Act (Mason v. Lory Dress Co., 277 App. Div. 660 ). No opinion.

Concur: Chief Judge Desmond and Judges Field, Froessel, Van Voorhis, Burke and Foster. Judge Dye dissents and votes to affirm.