McGurty v. New Amsterdam Gas Co.

Appellate Division of the Supreme Court of New York

McGurty v. New Amsterdam Gas Co.

115 A.D. 668, 101 N.Y.S. 235, 1906 N.Y. App. Div. LEXIS 3039

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

DecidedNovember 28, 1906

StatusPublished

Cited by1 cases

This text of 115 A.D. 668 (McGurty v. New Amsterdam Gas Co.) 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

McGurty v. New Amsterdam Gas Co., 115 A.D. 668, 101 N.Y.S. 235, 1906 N.Y. App. Div. LEXIS 3039 (N.Y. Ct. App. 1906).

Pincite

Opinion

Gaynor, J.:

The order appealed from must be reversed. The decedent left no descendant or widow, and his father was therefore entitled to all [670]*670that might be recovered in the action (Code Civ. Proc. § 2732, subd. 7; Lipp v. Otis Brothers & Co., 161 N. T. 559). He had a right to settle the action and did so. His widow has no standing to upset such settlement, nor has she any standing at all in this action.

The order is reversed and the motion is denied.

' Woodward, Jenks and Bich, JJ., concurred; Hooker, J., not voting.

Order reversed, with ten dollars costs and disbursements, and motion denied, without costs.

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