Jackson v. Kessner
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Ross, J.
This appeal presents two issues for our review. The first concerns whether an individual who is both the executrix and sole beneficiary of a decedent’s estate can maintain an action for malicious prosecution in her individual capacity, where the underlying suit complained of was commenced against her solely in her capacity as executrix and involved a parcel of land that was the sole asset of the estate. The second, is whether, in this particular matter, so-called "new evidence” presented by the defendants was properly relied upon by the trial court to set aside the…
2Cases cited8 opinions
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- Remford Corp. v. RosenfeldAppellate Division of the Supreme Court of the State of New York · 1948
- Crown Wisteria, Inc. v. F.G.F. Enterprises Corp.Appellate Division of the Supreme Court of the State of New York · 1990
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