In re the Estate of Cella

Appellate Division of the Supreme Court of New York

In re the Estate of Cella

31 A.D.2d 805, 298 N.Y.S.2d 904

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

DecidedFebruary 25, 1969

StatusPublished

This text of 31 A.D.2d 805 (In re the Estate of Cella) 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 Estate of Cella, 31 A.D.2d 805, 298 N.Y.S.2d 904 (N.Y. Ct. App. 1969).

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Opinion

Order made on April 17, 1968 unanimously affirmed with $50 costs and disbursements to respondents. The opinion of the Surrogate effectively and correctly establishes that the first and second defenses set forth in the answer of the executor present no triable issue in the light of the facts set forth on the motion for summary judgment. Similarly, the third defense (res judicata and estoppel) has no merit. It should be noted that counsel for all parties, on argument of the appeal, agreed that the judgment mentioned therein has been fully paid. Concur—■ Stevens, P. J., McGivem, Nunez, Rabin and Bastow, JJ.

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Order made on April 17, 1968 unanimously affirmed with $50 costs and disbursements to respondents. The opinion of the Surrogate effectively and correctly establishes that the first and second defenses set forth in the answer of the executor present no triable issue in the light of the facts set forth on the motion for summary judgment. Similarly, the third defense (res judicata and estoppel) has no merit. It should be noted that counsel for all parties, on argument of the appeal, agreed that the judgment mentioned therein has been fully paid. Concur—■ Stevens, P. J., McGivem, Nunez, Rabin and Bastow, JJ.

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Bluebook (online)

31 A.D.2d 805, 298 N.Y.S.2d 904, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-cella-nyappdiv-1969.