Hyperlawhypertext legal database In re the Accounting of Adomoski 6 N.Y.2d 927

← Cases

In re the Accounting of Adomoski

6 N.Y.2d 927 Court N.Y. Decision date 1959-07-08 English

Contents

Majority

p. 927
In the Matter of the Accounting of Kamila A. Adomoski, as Executrix of Thomas Adamoski, Deceased, Appellant. Catherine Swachey et al., Respondents.
Argued May 25, 1959;
decided July 8, 1959.
p. 928
Raymond Rebecchi for appellant.
Charles Liss and Rosauro Gomes for Catherine Swachey, respondent.
Philip Olan for Stanley Adamoski, respondent.

Order modified by reducing the amount of the Swachey claim from $1,875 to $45 (Personal Property Law, § 31, subd. 7) and, as so modified, affirmed, without costs to any party. No opinion.

Concur: Judges Desmond, Dye, Fuld, Van Voorhis and Burke. Chief Judge Conway and Judge Froessel dissent and vote to affirm upon the ground that the Statute of Frauds was not pleaded (see Civ. Prac. Act, § 242).