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HARVEY v. HARVEY

285 A.D. 821 (1955)

Ruth Harvey, Respondent, v. Salmon C. Harvey, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 17, 1955.

Order granting plaintiff's motion reversed, without costs, and matter remitted to Special Term for a hearing on the disputed items.

In our opinion, the questions raised by the affidavits in support of and in opposition to the motion should not have been determined without a hearing.

Nolan, P. J., concurs in the reversal of the order, but dissents as to the remission of the matter to the Special Term, and...

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