Ambro v. Coveney

*1000Christ, Brennan, Rabin and Hopkins, JJ., concur; Beldock, P. J., concurs in granting leave to appeal to the'Court of Appeals, but otherwise dissents and votes to reverse the judgment and to grant' leave to petitioners to reply to the answer, with the following memorandum: In my opinion, the service by appellant upon the attorney for petitioners, within the statutory period, of the notice of cross motion and the answer to the -petition, wherein appellant demanded affirmative relief, entitled him to an adjudication on the merits. This fight to such adjudication, by virtue of the joinder of…