Legal Opinion

Petrus v. Smith

Appellate Division of the Supreme Court of the State of New York

Decided January 31, 1983No. Appeal No. 1PublishedCited by 11 opinions

1Opinion of the Court

— Order unanimously modified and, as modified, affirmed, without costs, in accordancfe with the following memorandum: Emma Smith died in 1979 leaving a will naming her son, defendant Donald Smith, as executor and sole beneficiary. Smith renounced his appointment in favor of his maternal uncle, plaintiff Joseph Petrus. When Petrus claimed executor commissions in excess of those allowed by law, Smith hired defendant Victor Chambers, an attorney, to bring an accounting proceeding. A hearing was conducted and' thereafter, outside the courthouse, Chambers called Petrus a liar and a thief in the…

2Cases cited7 opinions

  1. Broughton v. StateNew York Court of Appeals · 1975
  2. Stukuls v. State of New YorkNew York Court of Appeals · 1977
  3. Martirano v. FrostNew York Court of Appeals · 1969
  4. Rinaldi v. Viking Penguin, Inc.New York Court of Appeals · 1981
  5. Klein v. McGauleyAppellate Division of the Supreme Court of the State of New York · 1968

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3Cited by11 opinions

  1. Demopolis v. Peoples National BankCourt of Appeals of Washington · 1990
  2. Moe v. WiseCourt of Appeals of Washington · 1999
  3. Arneja v. GildarDistrict of Columbia Court of Appeals · 1988
  4. Caplan v. WinslettAppellate Division of the Supreme Court of the State of New York · 1996
  5. Chime v. SicuranzaAppellate Division of the Supreme Court of the State of New York · 1995

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