New York Court of Appeals, 1947

Matter of Eitingon

Matter of Eitingon
New York Court of Appeals · Decided February 20, 1947
73 N.E.2d 119; 296 N.Y. 842; 1947 N.Y. LEXIS 1624 (North Eastern Reporter, Second Series)
Matter of Eitingon

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Opinion of the Court

An order or decree of a Surrogate’s Court vacating a prior decree in an accounting proceeding, and ordering or contemplating further proceedings on the account, is not a final order in a special proceeding within the meaning of the Constitution. Anything to the contrary in Matter of Tilden (98 N. Y. 434) is hereby overruled. No opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thacher, Dye and Fuld, JJ.

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