In re the Estate of Radway
New York Surrogate's Court
1Opinion of the Court
Foley, S.
The issues in this proceeding involve the liability of the estate for use and occupation of an apartment occupied by the decedent for the month of July, 1929. The proceeding was brought by the owner of the premises No. 565 Park avenue. The decedent was a subtenant. The tenant was Mrs. Eileen M. O’Kane. Her assignee — Edgar F. Stiner — appears in the proceeding and claims that he, and not the owner, is entitled to payment. The value of the use and occupation is conceded by all the parties. The executor stands neutral between the rival claimants and submits to the determination of the…
2Cases cited6 opinions
- Peck v. . IngersollNew York Court of Appeals · 1852
- Rainier Co. v. SmithAppellate Terms of the Supreme Court of New York · 1910
- Phelan v. KennedyAppellate Division of the Supreme Court of the State of New York · 1919
- Riglander v. Nile Tobacco WorksAppellate Terms of the Supreme Court of New York · 1897
- Marbridge Building Co. v. WhiteAppellate Terms of the Supreme Court of New York · 1921
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3Cited by2 opinions
- Ministers of Reformed Protestant Dutch Church v. 198 Broadway, Inc.Civil Court of the City of New York · 1991
- Loring M. Hewen Co. v. Thibaut Realty Co.New York Supreme Court · 1935