In re the Estate of McCumiskey

Maximilian Moss, S.

In this discovery proceeding the administratrix seeks to compel the City of New York to turn over to her $6,000 awarded the decedent in a condemnation proceeding. The city, admitting the award, claims the estate is insolvent and that it is entitled equitably to set off the award against a claim of the Department of Hospitals in excess of that amount. It is conceded that the hospital services were rendered and that the value of the services is in excess of the sum awarded. It is further conceded that, although the services covered a period of 10 or 11 years, no action was…