Legal Opinion
In re Decree Directing Ehret
Appellate Division of the Supreme Court of the State of New York
Decided May 15, 1936PublishedCited by 4 opinions
1Opinion of the CourtJohnston, J.
The question to be decided is whether petitioner, a successful defendant in a wrongful death action brought against it and two others by an administratrix, to whom limited letters were issued, is entitled, under section 133 of the Decedent Estate Law, to the payment of its bill of costs as taxed, from the damages recovered against one defendant and received in settlement from another defendant.
The facts are undisputed. In May, 1932, the administratrix instituted an action for the wrongful death of John W. Ehret, the decedent, against the village of Scarsdale (the petitioner herein), the…
2Cases cited5 opinions
- Phoenix Indemnity Co. v. Staten Island Rapid Transit Railway Co.New York Court of Appeals · 1929
- Stuber v. . McEnteeNew York Court of Appeals · 1894
- Ehret v. Village of ScarsdaleNew York Court of Appeals · 1935
- In re the Estate of BrodyNew York Surrogate's Court · 1934
- Ehret v. Village of ScarsdaleAppellate Division of the Supreme Court of the State of New York · 1935
3Cited by4 opinions
- In re the Estate of WashingtonNew York Surrogate's Court · 1959
- Connor v. StateNew York Court of Claims · 1949
- In re the Estate of MullinsNew York Surrogate's Court · 1962
- Schwabacher v. International Salt Co.Appellate Division of the Supreme Court of the State of New York · 1947