Powell v. Hinrichs

Defendant seeks summary judgment in this action for work, labor and services, claiming that plaintiff has not brought her action within 60 days after rejection *855of her claim by the executor. Section 211-c of the Surrogate’s Court Act states: ‘ ‘ where a claim has been presented and rejected in whole or in part such action must be commenced within sixty days after such rejection.”

A claim was presented by the plaintiff through her attorney Edgar W. Snell to the executor on April 8, 1965. A rejection was sent by the executor to attorney Snell on April 20, 1965. Thereafter on October 20, 1965…