Melish v. Baker

Application by respondent Baker for an order dismissing the petition as a matter of law (Civ. Prac. Act, § 1293) denied, without costs; said respondent’s time to answer the petition is extended until five days after the entry of the order hereon. Nolan, P. J., Wenzel and Kleinfeld, JJ., concur; Murphy and Hallinan, JJ., dissent and vote to grant the application to dismiss the petition, with the following memorandum: In accordance with the determination in Rector, Churchwardens & Vestrymen of Church of Holy Trinity v. Melish (4 A D 2d 256, affd. 3 N Y 2d 476), the judgment entered June 27,…