Legal Opinion

In re the Estate of Weinberg

New York Surrogate's Court

Decided November 7, 1941PublishedCited by 3 opinions

1Opinion of the Court

Foley, S.

The only issue in this accounting proceeding arises out of the claim of 222 West 83rd Street Corporation, based upon a léase of an apartment to the decedent. The lease was by its terms to expire on September 30, 1939. The decedent remained in possession of the apartment until his death on March 7, 1940. *588His confinement to the apartment beyond the term of his lease was made necessary because of a heart ailment so grave that any attempt to remove him would have been fatal. The rent for the apartment has been paid to and including the month of March, 1940. Possession of the apartment…

2Cases cited4 opinions

  1. Herter v. . MullenNew York Court of Appeals · 1899
  2. Regan v. FosdickAppellate Terms of the Supreme Court of New York · 1897
  3. Herter v. MullenAppellate Division of the Supreme Court of the State of New York · 1900
  4. In re the Estate of GarlandNew York Surrogate's Court · 1940

3Cited by3 opinions

  1. Navajo Academy, Inc. v. Navajo United Methodist Mission School, Inc.New Mexico Supreme Court · 1990
  2. Palumbo v. DonaldsCivil Court of the City of New York · 2003
  3. Schreiber v. KlebanCivil Court of the City of New York · 1970

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