Schmith v. Fornander — 13 A.D.2d 478

Majority

p. 478

Abraham I. Schmith et al., as Executors of Herman Schmith, Deceased, Appellants, v. Henry Fornander, Respondent, et al., Defendant. Henry Fornander, Respondent, v. Rose Schmith et al., as Executors of Herman Schmith, Deceased, Appellants.

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 .]

Cases cited

Schmith v. Fornander 26 Misc 2d 339 N.Y. Sup. Ct. 1960-03-25 p. 478