Legal Opinion
In re the Estate of Lesser
New York Surrogate's Court
Decided June 2, 1936PublishedCited by 2 opinions
1Opinion of the Court
Wingate, S.
At first blush, there would appear to be a certain incongruity in the positions adopted by the respondents in this proceeding. The petitioners seek the permission of this court to issue execution upon a judgment for seventy thousand odd dollars recovered in the Supreme Court, which was affirmed by the Appellate Division (Manufacturers Trust Co. v. 333 West 86th St. Corp., 241 App. Div. 814).
As noted in the opinion on the original submission of this application (Matter of Lesser, 154 Misc. 364, 367), the usual issue of inadequacy of assets is here absent, the defense of the…
2Cases cited11 opinions
- Rudd v. . CornellNew York Court of Appeals · 1902
- House v. . LockwoodNew York Court of Appeals · 1893
- Stannard v. . HubbellNew York Court of Appeals · 1890
- People Ex Rel. Reilly v. JohnsonNew York Court of Appeals · 1868
- Reynolds v. . Aetna Life Ins. Co.New York Court of Appeals · 1899
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3Cited by2 opinions
- In re the Estate of GourlayNew York Surrogate's Court · 1940
- In re the Estate FernandezNew York Surrogate's Court · 1974