General

Mary Ann Bertina, Respondent, v. The People's Trust Company, Defendant, and Anna Frith, Administratrix, Appellant

134 A.D. 922·New York Supreme Court, Appellate Division·1909·NY

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Opinion

Mary Ann Bertina, Respondent, v. The People’s Trust Company, Defendant, and Anna Frith, Administratrix, Appellant. [MAJORITY] The presiding justice was entitled to vote as a sitting member of the court on the day of the argument, whether actually present during the entire argument or not. (Code Civ. Proc. § 46.) Motion for resettlement denied. Present.— Hirschberg, P. J., Jenks, Gaynor, Burr and Rich, JJ.