Flannery v. Sahagian
Appellate Division of the Supreme Court of the State of New York
> Appeal by Ezekiel J. Elting, as executor, etc., of Aslan Saliagian, deceased, from an order of the Supreme' Court, made at. the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 27th day of March, 1905, denying his motion for a resettlement of an order entered in said clerk’s office on the 6th day of January, 1905, and also from the said original order. - -
1Opinion of the Court
Rich, J.:
This action was commenced in April, 1893, to recover a balance alleged to be due on a building contract and for extra work, and the issues were referred to a referee to hear and determine. The cause .was subsequently noticed - for trial, adjourned from time to time át the defendant’s request^ and finally adjourned indefinitely; On February ll, 1904, the defendant died. His last will and testament was duly admitted to probate by the -surrogate of Westchester county, and letters testamentary were issued to Ezekiel J. Elting, who qualified and entered upon the discharge of his duties…
2Cases cited2 opinions
- Smith v. . ZalinskiNew York Court of Appeals · 1884
- Moore v. . HamiltonNew York Court of Appeals · 1871
3Cited by5 opinions
- Mulligan v. O'BrienAppellate Division of the Supreme Court of the State of New York · 1907
- Skinner v. SullivanNew York Supreme Court · 1920
- Wallace v. BennettAppellate Division of the Supreme Court of the State of New York · 1940
- Gruner v. Ruffner, New York County Courts1908
- Gruner v. RuffnerNew York County Court, Erie County · 1908