Legal Opinion

Vogt v. Witmeyer

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

Decided February 3, 1995PublishedCited by 10 opinions

1Opinion of the Court

—Order unanimously affirmed without costs. Memorandum: Supreme Court properly dismissed plaintiffs first cause of action; New York State does not recognize a cause of action for tortious interference with a prospective inheritance (see, Hutchins v Hutchins, 7 Hill 104, 109; see also, Baekeland v Baekeland, 151 AD2d 399). Plaintiff contends that defendants Witmeyer, Palumbo and Albright tortiously interfered with her rights as a beneficiary under the Eleanor A. Dinkey Revocable Living Trust (Trust) by participating in the amendment of the Trust and that, as a result, plaintiff is entitled to…

2Cases cited12 opinions

  1. Ciesinski v. Town of AuroraAppellate Division of the Supreme Court of the State of New York · 1994
  2. Clapp v. . FullertonNew York Court of Appeals · 1866
  3. Callahan v. CallahanAppellate Division of the Supreme Court of the State of New York · 1987
  4. SRW Associates v. Bellport Beach Property OwnersAppellate Division of the Supreme Court of the State of New York · 1987
  5. Smith v. FitzsimmonsAppellate Division of the Supreme Court of the State of New York · 1992

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

3Cited by10 opinions

  1. Aetna Casualty And Surety Co. v. Aniero Concrete Co.Court of Appeals for the Second Circuit · 2005
  2. McCue v. McCueAppellate Division of the Supreme Court of the State of New York · 1996
  3. Vogt v. WitmeyerNew York Court of Appeals · 1996
  4. Aetna Casualty & Surety Co. v. Aniero Concrete Co.Court of Appeals for the Second Circuit · 2005
  5. In re the Estate of GerdjikianAppellate Division of the Supreme Court of the State of New York · 2004

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

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