Legal Opinion
Marine Midland Trust Co. of the Mohawk Valley v. Penberthy, De Iorio & Rayhill
New York Supreme Court
Decided May 20, 1969PublishedCited by 4 opinions
1Opinion of the CourtJohn R. Tenney, J.
Defendants seek an order dismissing the complaint under CPLR 3211 (subd. [a], par. 5) because the causes of action are barred by CPLR 214 (subd. 6).
Plaintiff as executor of the estate of Caren Crouse Phelps was surcharged by the Surrogate of Oneida County because it voluntarily paid certain taxes which could not be collected because the Statute of Limitations barred the claim. In October of 1959, the plaintiff employed and retained the defendants as their attorneys in connection with the Phelps estate.
Plaintiff alleges that the barred payment was made in September, 1965, upon the advice of…
2Cases cited3 opinions
- Wilson v. EconomNew York Supreme Court · 1968
- Troll v. GlantzAppellate Terms of the Supreme Court of New York · 1968
- In re the Estate of PhelpsNew York Surrogate's Court · 1966
3Cited by4 opinions
- Gilbert Properties, Inc. v. MillsteinAppellate Division of the Supreme Court of the State of New York · 1972
- Bucaro v. Keegan, Keegan, Hecker & Tully, P. C.New York Supreme Court · 1984
- Instrument Systems Corp. v. Whitman, Ransom & CoulsonNew York Supreme Court · 1974
- Gilbert Properties, Inc. v. MillsteinAppellate Division of the Supreme Court of the State of New York · 1972