Legal Opinion
In re the Estate of Luria
New York Surrogate's Court
Decided July 15, 1970PublishedCited by 21 opinions
1Opinion of the Court
Nathan R. Sobel, S.
The broad issue to be determined is the right to a jury trial in the Surrogate’s Court. This is a recurrent issue and a perplexing one not alone for this court but for all courts. (See 4 Weinstein-Korn-Miller, N. Y. Civ. Prac., pars. 4101.1 to 4101.39.)
Because of the decision of the 'Court of Appeals in Matter of Garfield (14 N Y 2d 251), the problem is deserving of some general discussion before reaching the specific issues raised by the demand in this proceeding. That decision to a substantial extent destroyed the bases for many earlier decisions from these courts.
The…
2Cases cited31 opinions
- Di Menna v. . Cooper Evans Co.New York Court of Appeals · 1917
- Wheelock v. . LeeNew York Court of Appeals · 1878
- O'Brien v. . FitzgeraldNew York Court of Appeals · 1894
- Bradley v. . AldrichNew York Court of Appeals · 1869
- Matter of WilsonNew York Court of Appeals · 1929
26 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- MOTOR VEHICLE MFRS. v. StateNew York Court of Appeals · 1990
- In Re DES Market Share LitigationNew York Court of Appeals · 1992
- Gordon v. Continental Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1983
- Motor Vehicle Manufacturers Ass'n of the United States, Inc. v. StateNew York Court of Appeals · 1990
- In re the Estate of SchneierAppellate Division of the Supreme Court of the State of New York · 1980
16 more not listed; retrieve them via the Exa API.