In re the Accounting of Mosteiro

Appellate Division of the Supreme Court of New York

In re the Accounting of Mosteiro

280 A.D. 823

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

DecidedJune 23, 1952

StatusPublished

This text of 280 A.D. 823 (In re the Accounting of Mosteiro) 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 Mosteiro, 280 A.D. 823 (N.Y. Ct. App. 1952).

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Opinion

Decree of the Surrogate’s Court of Kings County, disallowing a claim by the estate of Casimiro Calza, deceased, reversed on the law and the facts, with costs to both parties, payable out of the estate of Juan A. Lopez, deceased, and the matter remitted to the Surrogate’s Court for the entry of a [824]*824decree allowing said claim in the sum of $4,382.28, with interest from January 25, 1933. In our opinion there was sufficient proof of services rendered and the amount of the claim; and respondent failed to sustain the burden of establishing payment. (Lerche v. Brasher, 104 N. Y. 157; Matter of Ruppert, 265 App. Div. 871; Matter of Barry, 250 App. Div. 814.) Insofar as the opinion below contains findings of fact inconsistent herewith, they are reversed. Nolan, P. J., Johnston, Adel, Wenzel and Schmidt, JJ., concur.

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Decree of the Surrogate’s Court of Kings County, disallowing a claim by the estate of Casimiro Calza, deceased, reversed on the law and the facts, with costs to both parties, payable out of the estate of Juan A. Lopez, deceased, and the matter remitted to the Surrogate’s Court for the entry of a [824]*824decree allowing said claim in the sum of $4,382.28, with interest from January 25, 1933. In our opinion there was sufficient proof of services rendered and the amount of the claim; and respondent failed to sustain the burden of establishing payment. (Lerche v. Brasher, 104 N. Y. 157; Matter of Ruppert, 265 App. Div. 871; Matter of Barry, 250 App. Div. 814.) Insofar as the opinion below contains findings of fact inconsistent herewith, they are reversed. Nolan, P. J., Johnston, Adel, Wenzel and Schmidt, JJ., concur.

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280 A.D. 823, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-accounting-of-mosteiro-nyappdiv-1952.

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