Legal Opinion

Wagner v. Wagner

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

Decided June 16, 1977PublishedCited by 8 opinions

1Opinion of the CourtBirns, J.

In this action for a declaratory judgment, plaintiffs appeal from a judgment where, following a trial on stipulated facts, the court dismissed the complaint.

Plaintiffs are the only children of Raymond M. Wagner and Theresa B. Wagner, husband and wife, both now deceased. Theresa died first and Raymond thereafter. Defendant Anne B. Wagner is the second wife and defendant Herbert J. A. Runstorf is the executor of the last will and testament of said Raymond M. Wagner.

Upon the death of Raymond, plaintiffs commenced the within action seeking a declaration of their rights with respect to Raymond’s…

2Cases cited10 opinions

  1. Wood v. . Duff-GordonNew York Court of Appeals · 1917
  2. Rastetter v. . HoenningerNew York Court of Appeals · 1915
  3. Tutunjian v. VetzigianNew York Court of Appeals · 1949
  4. Rubenstein v. MuellerNew York Court of Appeals · 1967
  5. Rich v. MottekNew York Court of Appeals · 1962

5 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Ciaccio v. Wright-CiaccioAppellate Division of the Supreme Court of the State of New York · 2022
  2. In re the Estate of BainerAppellate Division of the Supreme Court of the State of New York · 1979
  3. Margulis v. TeichmanNew York Surrogate's Court · 1984
  4. In re BarabashAppellate Division of the Supreme Court of the State of New York · 2011
  5. In re the Estate of DarrowNew York Surrogate's Court · 1983

3 more not listed; retrieve them via the Exa API.

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