Home/Appellate Division of the Supreme Court of New York/In re the Compulsory Accounting of Eisenberg

In re the Compulsory Accounting of Eisenberg

279 A.D. 868, 110 N.Y.S.2d 173, 1952 N.Y. App. Div. LEXIS 5134
CourtAppellate Division of the Supreme Court of the State of New York
DecidedFebruary 4, 1952
StatusPublished
Cited by6 cases

This text of 279 A.D. 868 (In re the Compulsory Accounting of Eisenberg) 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.

Bluebook
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).

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.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In re the Estate of Thoms
76 Misc. 2d 132 (New York Surrogate's Court, 1973)
In re the Estate of Rath
58 Misc. 2d 184 (New York Surrogate's Court, 1968)
In re the Estate of Puc
37 Misc. 2d 351 (New York Surrogate's Court, 1962)
In re the Accounting of Rubin
21 Misc. 2d 360 (New York Surrogate's Court, 1960)
In re the Accounting of Lukin
19 Misc. 2d 746 (New York Surrogate's Court, 1959)
In re the Accounting of Engelbach
5 Misc. 2d 830 (New York Surrogate's Court, 1957)

Cite This Page — Counsel Stack

Bluebook (online)
279 A.D. 868, 110 N.Y.S.2d 173, 1952 N.Y. App. Div. LEXIS 5134, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-compulsory-accounting-of-eisenberg-nyappdiv-1952.