Appellate Division of the Supreme Court of New York, 1961

Schmith v. Fornander

Schmith v. Fornander
Appellate Division of the Supreme Court of New York · Decided March 21, 1961
13 A.D.2d 478; 215 N.Y.S.2d 462; 1961 N.Y. App. Div. LEXIS 11930
Schmith v. Fornander

Opinion of the Court

Judgment unanimously affirmed, with costs to the respondent. It should be noted that the judgment herein is not a bar that will prevent the executors from' suing for salary allegedly accrued in favor of the deceased according to the contract between the parties up to the time of his death. Concur — Breitel, J. P., McNally, Stevens, Eager and Steuer, JJ. [26 Misc 2d 339.]

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