In re the Estate of Posner

Appellate Division of the Supreme Court of New York

In re the Estate of Posner

255 A.D.2d 232, 679 N.Y.S.2d 824, 1998 N.Y. App. Div. LEXIS 12465

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

DecidedNovember 19, 1998

StatusPublished

This text of 255 A.D.2d 232 (In re the Estate of Posner) 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 Posner, 255 A.D.2d 232, 679 N.Y.S.2d 824, 1998 N.Y. App. Div. LEXIS 12465 (N.Y. Ct. App. 1998).

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Opinion

—Order and judgment (one paper), Surrogate’s Court, New York County (Renee Roth, S.), entered March 5, 1998, which, in a proceeding to determine the validity of a claim to the proceeds of certain estate real property sold by the public administrator, insofar as appealed from, awarded only such interest as has actually accrued on the sales proceeds rather than interest at the statutory rate, unanimously affirmed, without costs.

We perceive no improvident exercise of discretion in the award of interest limited to only such as has actually accrued on the sales proceeds (see, SCPA 1809 [3]). Concur — Sullivan, J. P., Nardelli, Williams and Mazzarelli, JJ.

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—Order and judgment (one paper), Surrogate’s Court, New York County (Renee Roth, S.), entered March 5, 1998, which, in a proceeding to determine the validity of a claim to the proceeds of certain estate real property sold by the public administrator, insofar as appealed from, awarded only such interest as has actually accrued on the sales proceeds rather than interest at the statutory rate, unanimously affirmed, without costs.

We perceive no improvident exercise of discretion in the award of interest limited to only such as has actually accrued on the sales proceeds (see, SCPA 1809 [3]). Concur — Sullivan, J. P., Nardelli, Williams and Mazzarelli, JJ.

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Bluebook (online)

255 A.D.2d 232, 679 N.Y.S.2d 824, 1998 N.Y. App. Div. LEXIS 12465, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-posner-nyappdiv-1998.