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In re the Compulsory Accounting of Eisenberg

279 A.D. 868, 110 N.Y.S.2d 173, 1952 N.Y. App. Div. LEXIS 5134
Appellate Division of the Supreme Court of the State of New York·Decided February 4, 1952·Published·Cited by 6 cases

Opinion

An allegation in a petition, in a proceeding such as this, that the petitioner is a creditor of the estate, does not in and of itself suffice to establish the petitioner’s right to maintain the proceeding as a creditor. The status of a “ creditor ” is not the same as that of a “person interested in the estate.” (Cf. Surrogate’s Ct. Act, § 314, subds. 3, 10; see Matter of Leahy, 184 Misc. 250.) The learned Surrogate should have conducted a hearing and determined, upon evidence there adduced, whether the petitioner was a creditor prima facie. (Matter of Scheftel, 150 Misc. 3; see Matter of Ahrens, 270 App. Div. 1038.) Nolan, P. J., Carswell, Johnston, Adel and Wenzel, JJ., concur.

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In re the Compulsory Accounting of Eisenberg, 279 A.D. 868, 110 N.Y.S.2d 173, 1952 N.Y. App. Div. LEXIS 5134 (N.Y. Ct. App. 1952).

279 A.D. 868 (In re the Compulsory Accounting of Eisenberg) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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