MATTER OF KRIMER, 13 N.Y.2d 739 (1963)

241 N.Y.S.2d 866, 191 N.E.2d 917

In the Matter of the Estate of ILIJA KRIMER, Deceased. MARIA BRICKER et al., Appellants; WILLIAM D. KRIMER et al., Respondents.

Court of Appeals of the State of New York.Argued February 21, 1963
Decided June 6, 1963

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, ANTHONY P. SAVARESE, S.

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William C. Mattison and Michael Ruggiero, in person, for Michael Ruggiero, as special guardian for Anna Krimer, an incompetent, appellant.

Milton N. Mound and Henry A. Greenburg for Maria Bricker, appellant.

Joseph Kottler, Mannis Neumann and Reuben J. Aronson for William D. Krimer, respondent.

No appearance for remaining respondents.

Order reversed and a new trial granted, with costs to abide the event, upon the ground that issues of fact were presented which should have been submitted to the jury. No opinion.

Concur: Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BURKE and FOSTER. Judges DYE and SCILEPPI dissent and vote to affirm.

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