Legal Opinion

In re the Estate of McCumiskey

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

Decided July 5, 1961Published

1Opinion of the Court

The facts are undisputed. The city refused the administratrix’ demand for payment of the condemnation award on the ground (the fact now being conceded) that decedent was indebted to the city for hospital services in an amount in excess of the amount of the condemnation award, Thereafter the administratrix *547brought this proceeding. In answer to the petition the city asserted that it had offset its claim for hospital services against the award, and that under the circumstances there is no decedent’s estate to administer. There is no other asset in the decedent’s estate. The award made in the…

2Cases cited4 opinions

  1. In re the Public AdministratorNew York Court of Appeals · 1955
  2. In Re the Estate of SternNew York Court of Appeals · 1954
  3. In Re the Estate of WilsonNew York Court of Appeals · 1956
  4. In re the Estate of McCumiskeyNew York Surrogate's Court · 1960

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