Legal Opinion
Ross v. Fida
Appellate Division of the Supreme Court of the State of New York
Decided March 10, 1943PublishedCited by 4 opinions
1Opinion of the CourtMcCurn, J.
The defendants moved under rules 106 and 107 of the Rules of Civil Practice to dismiss plaintiff’s complaint. The defendants appeal from the order denying that motion.
The complaint alleges that the plaintiff was the sole next of kin of one Edward C. S. Fleet, deceased; that Mr. Fleet died on the 15th day of April, 1935; that on April 29, 1935, William H. Schmidt petitioned the Surrogate’s Court of Onondaga County for the probate of a purported last will and testament of Mr. Fleet, dated April 15, 1935, by the terms of which Mr. Schmidt was named executor and sole beneficiary. The plaintiff…
2Cases cited10 opinions
- Reno v. . BullNew York Court of Appeals · 1919
- Reich v. . CochranNew York Court of Appeals · 1896
- Ochs v. . WoodsNew York Court of Appeals · 1917
- Sager v. FriedmanNew York Court of Appeals · 1936
- Gould v. Cayuga County National BankNew York Court of Appeals · 1885
5 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Ross v. PrestonNew York Court of Appeals · 1944
- Cohen v. RandallCourt of Appeals for the Second Circuit · 1943
- Cardy v. CardyAppellate Division of the Supreme Court of the State of New York · 1958
- Chudoba v. ChudobaNew York Supreme Court · 1962