Scott v. American Surety Company of New York

Full title: LESTER C. SCOTT, as Administrator De Bonis Non, etc., of STEWART G.B…

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

Date published: Jan 27, 1939

256 App. Div. 812 (N.Y. App. Div. 1939)

Opinion

January 27, 1939.

Present — Martin, P.J., Glennon, Untermyer, Dore and Callahan, JJ.

Judgment unanimously modified to the extent of striking from the decretal paragraph thereof the words "upon the merits" and substituting the words "without prejudice to any proceedings in the Surrogate's Court, Kings County, which plaintiff may be advised to pursue," and as so modified affirmed, without costs. No opinion. Settle order on notice.