Legal Opinion
In re the Estate of Herman
New York Surrogate's Court
Decided May 25, 1964PublishedCited by 5 opinions
1Opinion of the CourtJames S. Brown, J.
and Acting Surrogate. In this accounting proceeding the executor rejected the claim of respondent, Commissioner of Hospitals of the City of New York, for maintenance and medical care and services rendered to decedent during 1951 on the ground that the claim is barred by the six-year Statute of Limitations under subdivision 1 of section 48 of the Civil Practice Act (now CPLR 213, subd. 2). Decedent died on October 5, 1959 and letters testamentary under her will were issued on November 14, 1960. Respondent’s claim was presented to the executor on September ¡26,1962.
The executor’s contention is…
2Cases cited5 opinions
- Trussell v. KostiwNew York Supreme Court · 1962
- MacLean v. EdenbaumNew York Supreme Court · 1957
- In re the Accounting of the Public AdministratorNew York Surrogate's Court · 1958
- Rhatigan v. CurryNew York Supreme Court · 1947
- Jacobs v. HochstadtNew York Supreme Court · 1960
3Cited by5 opinions
- In re the Estate of ColonNew York Surrogate's Court · 1975
- In re the Estate of CudahyNew York Surrogate's Court · 1966
- In re the Estate of HermanNew York Surrogate's Court · 1964
- In re the Indenture of Trust Made by AltonNew York Supreme Court · 1968
- Kappen v. D'EliaAppellate Division of the Supreme Court of the State of New York · 1993