General
Richard J. Shippey, Appellant, v. William Berkey, Respondent. Richard J. Shippey, as Administrator of the Estate of Carol A. Shippey, Deceased, Appellant, v. William Berkey, Respondent
4 A.D.2d 805·New York Supreme Court, Appellate Division·1957·NY
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Opinion
Richard J. Shippey, Appellant, v. William Berkey, Respondent. Richard J. Shippey, as Administrator of the Estate of Carol A. Shippey, Deceased, Appellant, v. William Berkey, Respondent.
[MAJORITY]
Order of this court, entered June 19, 1957, is resettled and amended by adding the following: The hearing directed by our decision in this ease should be held before the Special Term but the court does not undertake to say whether the Special Term should employ a jury, refer it to a referee or hear the proof itself. The hearing may be brought on by notice by the moving party at a Special Term selected by him in accordance with the rules. Present—Foster, P. J., Bergan, Coon, Halpern and Gibson, JJ. [See ante, p. 739.]