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MATTER OF BERGNER v. MEISSER WESTERVELT
Court of Appeals of the State of New York.
Sep 2, 1961
In each proceeding: Order reversed, without costs, upon the authority of Matter of Mahoney v. Lawley ( 301 N.Y. 425), and matter remitted to Special Term for a trial of the issues. No opinion.
Concur: Chief Judge DESMOND and Judges DYE, VAN VOORHIS, BURKE, BERGAN, BOOKSTEINfn_ and BESTfn_.
Designated pursuant to section 5 of article VI of the State Constitution in the temporary absence of Judges FULD, FROESSEL and FOSTER.
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