Citations
- 279 A.D. 1089
Full opinion text
The issues should not have been determined on affidavits, especially where, as here, a demand for a hearing was made. Recourse should be had to the usual practice of seeing and hearing the witnesses who may be produced, with opportunity for cross-examination. (See Josephson v. Josephson, 276 App. Div. 845, and eases cited.) Nolan, P. J., Carswell, Johnston, Adel and Wenzel, JJ., concur.