Legal Opinion
In re the Estate of Mento
Appellate Division of the Supreme Court of the State of New York
Decided October 30, 1969PublishedCited by 7 opinions
1Opinion of the Court
Orders unanimously reversed, without costs, and motion to open *651default granted. Memorandum: The refusal to open the default of appellant executor was an improvident exercise of discretion. No citation was served on the executor giving notice of the time and place of the hearing, and the fault of his attorney under these circumstances should not be charged against the estate. (Keenan v. Waring, 12 A D 2d 601). Further, the default in attending one hearing was not so clearly deliberate or contumacious as to justify the approval of a substantial claim' against the estate, especially since there…
2Cases cited4 opinions
- Baldwin v. Yellow Taxi Corp.Appellate Division of the Supreme Court of the State of New York · 1927
- Flanson Realty Corp. v. Workers' Unity House, Inc.Appellate Division of the Supreme Court of the State of New York · 1930
- In re the Appointment of a Committee of the Estate of MarshAppellate Division of the Supreme Court of the State of New York · 1934
- Levine v. BarriciniAppellate Division of the Supreme Court of the State of New York · 1951
3Cited by7 opinions
- Sanders v. SandersAppellate Division of the Supreme Court of the State of New York · 1988
- Red Creek National Bank v. Blue Star Ranch, Ltd.Appellate Division of the Supreme Court of the State of New York · 1977
- City of Albany v. Department of AssessmentNew York Supreme Court · 1988
- Goracy v. Burns, Brooks & McNeilAppellate Division of the Supreme Court of the State of New York · 1989
- Chase Manhattan Bank v. WolfmanCivil Court of the City of New York · 1980
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