Berberich v. Mathieu

Full title: BARBARA BERBERICH, Respondent, v. BARBARA M. MATHIEU, Appellant

Court: Court of Appeals of the State of New York

Date published: Apr 4, 1963

190 N.E.2d 421 (N.Y. 1963)

190 N.E.2d 421

240 N.Y.S.2d 28

Opinion

Argued March 28, 1963

Decided April 4, 1963

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, SIDNEY A. FINE, J.

Asher Marcus for appellant.

John W. Burke for respondent.

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

Concur: Chief Judge DESMOND and Judges DYE, FULD, BURKE and FOSTER. Judges VAN VOORHIS and SCILEPPI dissent and vote to reverse and to deny the motion for summary judgment upon the ground that a triable issue is presented.