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Kaiser v. Kaiser

Appellate Division of the Supreme Court of New York, First Department
Dec 17, 1937
252 App. Div. 624 (N.Y. App. Div. 1937)

Opinion

December 17, 1937.

Appeal from Supreme Court of New York County.

J.T. Mahoney of counsel [ A.L. Spitzer, L. Acker and E. Tuck, with him on the brief; A. Lewis Spitzer, attorney], for the appellant.

Sidney I. Prager, for the respondent.

Present — MARTIN, P.J., GLENNON, DORE, COHN and CALLAHAN, JJ.


The interlocutory judgment directing defendants to file a verified accounting of the interest of Emanuel W. Kaiser in the partnership of Louis Kaiser Co. as of January 4, 1930, the date of his death, we believe to be proper. However, due weight should be given to the report of the certified public accountants, Leslie Banks Co., which was completed as at the close of business of October 31, 1929. That audit, which contains a balance sheet of the firm's assets and liabilities and a schedule of each partner's interest in the capital of the firm and in his individual accounts, was certified by the decedent as correct "in every particular" by letter dated November 18, 1929.

The judgment should be affirmed, with costs.


Judgment unanimously affirmed, with costs.


Summaries of

Kaiser v. Kaiser

Appellate Division of the Supreme Court of New York, First Department
Dec 17, 1937
252 App. Div. 624 (N.Y. App. Div. 1937)
Case details for

Kaiser v. Kaiser

Case Details

Full title:SALLY KAISER, Individually and as Ancillary Executrix, etc., of EMANUEL W…

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

Date published: Dec 17, 1937

Citations

252 App. Div. 624 (N.Y. App. Div. 1937)
300 N.Y.S. 641

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Matter of Kaiser

In 1935 Sally Kaiser, as plaintiff, acting in her representative capacity as coancillary executrix, commenced…