Appellate Division of the Supreme Court of New York, 1939

Irving Trust Co. v. Lombard

Appellate Division of the Supreme Court of New York · Decided November 17, 1939

258 A.D. 37; 15 N.Y.S.2d 588; 1939 N.Y. App. Div. LEXIS 6351

Counsel

Thomas Allen, 3d, of counsel [Orlando P. Metcalf with him on the brief; Metcalf, Giles & Allen, attorneys], for the appellant Alice Lorna Atwater Allen., John F. Keating, guardian ad litem of all infant appellants., Allen R. Memhard [Henry A. Jones with him on the brief], for the appellants William Bradford Atwater and others., Raymond M. White of counsel [Murray Sargent, Jr., with him on the brief; Gifford, Woody, Carter & Hays, attorneys], for the respondent.

Opinion of the Court

Per Curiam.

An accounting by the trustee should not have been ordered until an interlocutory judgment providing for such accounting had been entered after trial of the issues or upon motion on the pleadings if no issue be raised. (Post v. Van Siclen, 132 App. Div. 796; Starr v. Selleck, 138 id. 277; Gibson v. Widman, 106 id. 388; Schaffer v. City Bank Farmers Trust Co., 244 id. 463.)

The order should be reversed, with twenty dollars costs and disbursements, and the motion denied.

Present — Martin, P. J., Townley, Untermyer, Cohn and Callahan, JJ.

Order unanimously reversed, with twenty dollars costs and disbursements, and the motion denied.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.