In re the Accounting of Edwards

Appellate Division of the Supreme Court of New York

In re the Accounting of Edwards

274 A.D. 1022, 86 N.Y.S.2d 653, 1948 N.Y. App. Div. LEXIS 4506

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 29, 1948

StatusPublished

This text of 274 A.D. 1022 (In re the Accounting of Edwards) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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In re the Accounting of Edwards, 274 A.D. 1022, 86 N.Y.S.2d 653, 1948 N.Y. App. Div. LEXIS 4506 (N.Y. Ct. App. 1948).

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Decree as resettled, so far as appealed from, affirmed, without costs of this appeal to any party. (See Matter of Adler, N. Y. L. J., June 10, 1936, p. 2965, col. 4; Matter of Carrington, N. Y. L. J., April 13, 1944, p. 1435, col. 7; Matter of Mishkind, N. Y. L. J., Jan. 27, 1941, p. 413, col. 6.) All concur, except Larkin, J., who dissents and votes for reversal and denial of the motion for summary judgment and remission of the matter to the Surrogate for further consideration in the following memorandum: On this record it cannot be held as a matter of law that the prior decrees are res judicata as to the' right of the appellants-respondents to further disbursing commissions nor that they had waived such right. (The portion of the resettled decree appealed from denies payments of certain commissions; denies petitioners’ motions under rules 103 and 109; and dismisses the amended petition except as decreed.) Present — Taylor, P. J., McCurn, Larkin, Vaughan and Kimball, JJ. [194 Misc. 557.]

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Decree as resettled, so far as appealed from, affirmed, without costs of this appeal to any party. (See Matter of Adler, N. Y. L. J., June 10, 1936, p. 2965, col. 4; Matter of Carrington, N. Y. L. J., April 13, 1944, p. 1435, col. 7; Matter of Mishkind, N. Y. L. J., Jan. 27, 1941, p. 413, col. 6.) All concur, except Larkin, J., who dissents and votes for reversal and denial of the motion for summary judgment and remission of the matter to the Surrogate for further consideration in the following memorandum: On this record it cannot be held as a matter of law that the prior decrees are res judicata as to the' right of the appellants-respondents to further disbursing commissions nor that they had waived such right. (The portion of the resettled decree appealed from denies payments of certain commissions; denies petitioners’ motions under rules 103 and 109; and dismisses the amended petition except as decreed.) Present — Taylor, P. J., McCurn, Larkin, Vaughan and Kimball, JJ. [194 Misc. 557.]

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274 A.D. 1022, 86 N.Y.S.2d 653, 1948 N.Y. App. Div. LEXIS 4506, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-accounting-of-edwards-nyappdiv-1948.

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