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DIBOFSKY v. YOUNG ET AL. (05/04/73)

decided: May 4, 1973.

DIBOFSKY
v.
YOUNG ET AL., APPELLANTS



Appeal from order of Superior Court, Oct. T., 1971, No. 1483, affirming order of Court of Common Pleas, Trial Division, of Philadelphia, April T., 1969, No. 2251, in case of Irene Dibofsky and Max Dibofsky v. Irving B. Young and Elizabeth Young.

COUNSEL

G. Wayne Renneisen, with him Bruce D. Lombardo, and Harvey, Pennington, Herting and Renneisen, for appellant.

Paul J. Downey, with him Joseph Alessandroni, Jr., for appellee.

Jones, C. J., Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ. Mr. Justice Roberts and Mr. Justice Manderino dissent.

Author: Per Curiam

[ 452 Pa. Page 610]

The order of the Superior Court affirming the order of the Court of Common Pleas of Philadelphia, Civil Division, overruling defendants' preliminary objections is hereby reversed on the authority of Yefko v. Ochs, 437 Pa. 233, 263 A.2d 416 (1970), and the matter is remanded for proceedings consistent with this disposition.

Disposition

Order of Superior Court reversed, and case remanded.

19730504

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