Appellate Division of the Supreme Court of New York, 1944

City Bank Farmers Trust Co. v. Kops

City Bank Farmers Trust Co. v. Kops
Appellate Division of the Supreme Court of New York · Decided May 5, 1944 · Martin
267 A.D. 971; 47 N.Y.S.2d 919
City Bank Farmers Trust Co. v. Kops

Dissenting Opinion

Martin, P. J.

(dissenting). Objections to an account should plainly and concisely indicate the transactions complained of so that the accountant may be informed of the charges he is required to meet. The objections here do not meet that test. Until the issues are defined, the estate should not be burdened with the expense of a reference which in effect is a roving investigation.

The orders appealed from should be reversed, with leave to respondent to file amended objections.

Opinion of the Court

Orders affirmed, each with ten dollars costs and disbursements. No opinion. Townley, Glennon, Untermyer and Dore, JJ., concur; Martin, P. J., dissents in opinion.

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