Kremer v. Kremer ( 1944 )

While the disposition made at Special Term might after a hearing prove to have been correct, we believe that on the facts alleged where the immediate welfare of an infant is involved the issue should not have been decided without a hearing. Order unanimously reversed, without costs, and the matter remitted to Special Term for the purpose of affording the parties an opportunity to present their proofs. Present — Martin, P. J., Glennon, Untermyer, Dore and Callahan, JJ.