New York Court of Appeals, 1958

In re the Intermediate Accounting of Fitz-Gerald

In re the Intermediate Accounting of Fitz-Gerald
New York Court of Appeals · Decided November 13, 1958
5 N.Y.2d 846; 155 N.E.2d 671; 181 N.Y.S.2d 788; 1958 N.Y. LEXIS 735

In re the Intermediate Accounting of Fitz-Gerald

Opinion of the Court

Motion dismissed.

Cross motion granted and appeal dismissed, with costs and $10 costs of motion, upon the ground that the appealable paper was the order of the Appellate Division of July 11, 1958, and not the order entered in the Surrogate’s Court (Civ. Prac. Act, § 591, subd. 2, as amd. by L. 1953, ch. 417; see Matter of Noble, 2 N Y 2d 725) and that the time to appeal from such order of the Appellate Division has expired (Civ. Prac. Act, § 592, subd. 1).

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