In re the Estate of Wolf

Appellate Division of the Supreme Court of New York

In re the Estate of Wolf

29 A.D.2d 565, 286 N.Y.S.2d 1018, 1967 N.Y. App. Div. LEXIS 2625

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

DecidedDecember 29, 1967

StatusPublished

This text of 29 A.D.2d 565 (In re the Estate of Wolf) 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 Wolf, 29 A.D.2d 565, 286 N.Y.S.2d 1018, 1967 N.Y. App. Div. LEXIS 2625 (N.Y. Ct. App. 1967).

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Opinion

In a proceeding by the executors to settle their final account, order of the Surrogate’s Court, Nassau County, dated May 9, 1967, which denied the executors’ application for approval of their rejection of respondent’s claim, affirmed, with costs to respondent, payable out of the estate. In our opinion, respondent established the oral agreement for landscaping work and for installation of the driveway and patio at the agreed price of $1,200 by clear and convincing evidence; and, accordingly, was entitled, upon completion of the work, to recover the unpaid balance of $1,000. Brennan, Acting P. J., Rabin, Hopkins, Benjamin and Martuseello, JJ., concur.

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In a proceeding by the executors to settle their final account, order of the Surrogate’s Court, Nassau County, dated May 9, 1967, which denied the executors’ application for approval of their rejection of respondent’s claim, affirmed, with costs to respondent, payable out of the estate. In our opinion, respondent established the oral agreement for landscaping work and for installation of the driveway and patio at the agreed price of $1,200 by clear and convincing evidence; and, accordingly, was entitled, upon completion of the work, to recover the unpaid balance of $1,000. Brennan, Acting P. J., Rabin, Hopkins, Benjamin and Martuseello, JJ., concur.

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Bluebook (online)

29 A.D.2d 565, 286 N.Y.S.2d 1018, 1967 N.Y. App. Div. LEXIS 2625, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-wolf-nyappdiv-1967.