Opinion · Nylaw New York

SMITH v. AVENER, 236 App. Div. 761 (1932)

ROSCOE W. SMITH, Individually & as Ex’[r, x], etc., of IRVING D. SMITH,Deceased, & ELWOOD C. SMITH, as Ex’[r, x], etc., of IRVING D. SMITH,Deceased, Respondents, v. JEAN EASTMAN AVENER, Appellant, & THE SUFFERNNATIONAL BANK & Tr. Co. OF SUFFERN, N.Y., Defendant., 236 A.D. 761 (Appellate Division of the Supreme Court of New York, Second Department. 1932)

Type: Opinion
Court: New York
Jurisdiction: New York
Date: 1932-01-01
Topic: general

SMITH v. AVENER, 236 App. Div. 761 (1932) ROSCOE W. SMITH, Individually and as Executor, etc., of IRVING D. SMITH,Deceased, and ELWOOD C.

Citator

UpLaw has not yet analyzed SMITH v. AVENER, 236 App. Div. 761 (1932). The absence of a flag is not a finding that it is good law.

SMITH v. AVENER,236 App. Div. 761(1932)

ROSCOE W. SMITH, Individually and as Executor, etc., of IRVING D. SMITH,

Deceased, and ELWOOD C. SMITH, as Executor, etc., of IRVING D. SMITH,

Deceased, Respondents, v. JEAN EASTMAN AVENER, Appellant, and THE SUFFERN

NATIONAL BANK AND TRUST COMPANY OF SUFFERN, N.Y., Defendant.

Appellate Division of the Supreme Court of New York, Second Department.

September, 1932.

Order denyingPage 762motion to dismiss complaint for insufficiency affirmed, with ten dollars costs and disbursements. The appealing defendant may answer within ten days from the entry of the order herein. We are of opinion that the facts should be elicited upon a trial before the questions of law involved are determined. Lazansky, P.J., Young, Kapper, Hagarty and Carswell, JJ., concur.