Legal Opinion

Walcoff v. Bittker

New York Supreme Court

Decided May 15, 1910Published

Appeal by the defendant from an interlocutory judgment of the City Court of the city of New York, overruling a demurrer to the amended complaint upon the ground of insufficiency.

1Opinion of the CourtSeabuby, J.

The plaintiff sues as the administrator of the estate of Bessie Walcoff, deceased. The complaint does *415not allege the date of the death of Bessie Walcoff, but it does allege that the plaintiff was duly appointed administrator of the estate of Bessie Walcoff on May 11, 1906. It also alleges that Bessie Walcoff invested $12,500 and the defendant invested $6,000 in the purchase of the premises Nos. 332-336 East One Hundred and Second street, borough of Manhattan, city of New York. Plaintiff’s intestate and the defendant entered into an agreement, a copy of which is annexed to the complaint. The…

2Cases cited3 opinions

  1. Darrow v. . CalkinsNew York Court of Appeals · 1897
  2. Clark v. SidwaySupreme Court of the United States · 1892
  3. Schulsinger v. BlauAppellate Division of the Supreme Court of the State of New York · 1903

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