In re the Estate of Zietz

Appellate Division of the Supreme Court of New York

In re the Estate of Zietz

283 A.D. 778

Appellate Division of the Supreme Court of the State of New York·Decided March 16, 1954·Published·Cited by 1 cases

Opinion

No proof of professional misconduct of any attorney is made in this record. However, on the facts that are concededly undisputed, we think in the exercise of this court’s discretion, the motion to substitute the attorneys respondents should not have been granted and the order of substitution should accordingly be reversed. With that disposition of the motion for substitution, any restraining order is unnecessary and academic. Settle order accordingly, without costs to either side. Present — -Dore, J. P., Cohn, Callahan and Botein, JJ.; Cohn, J., dissents and votes to affirm. [205 Misc. 20.]

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No proof of professional misconduct of any attorney is made in this record. However, on the facts that are concededly undisputed, we think in the exercise of this court’s discretion, the motion to substitute the attorneys respondents should not have been granted and the order of substitution should accordingly be reversed. With that disposition of the motion for substitution, any restraining order is unnecessary and academic. Settle order accordingly, without costs to either side. Present — -Dore, J. P., Cohn, Callahan and Botein, JJ.; Cohn, J., dissents and votes to affirm. [205 Misc. 20.]

In re the Estate of Zietz, 283 A.D. 778 (N.Y. Ct. App. 1954).

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Opinion

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