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Matter of Warth

Appellate Division of the Supreme Court of New York, Second Department
Jan 1, 1929
225 App. Div. 811 (N.Y. App. Div. 1929)

Opinion

January, 1929.


The court had power to entertain the proceeding. ( Sherman v. Yankee Products Corporation, 201 App. Div. 647.) It could, in the exercise of discretion, decline to use it ( Schell v. Mayor, etc., 128 N.Y. 67) and we are of the opinion that that discretion was properly exercised in the case at bar. The order is, therefore, modified by striking out the words "and the court is without jurisdiction to entertain this proceeding," and as so modified, affirmed, with ten dollars costs and disbursements. Lazansky, P.J., Rich, Young, Kapper and Hagarty, JJ., concur.


Summaries of

Matter of Warth

Appellate Division of the Supreme Court of New York, Second Department
Jan 1, 1929
225 App. Div. 811 (N.Y. App. Div. 1929)
Case details for

Matter of Warth

Case Details

Full title:In the Matter of the Application of CHARLES F. WARTH, as Executor, etc.…

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

Date published: Jan 1, 1929

Citations

225 App. Div. 811 (N.Y. App. Div. 1929)

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