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MATTER OF McCUMISKEY

14 A.D.2d 546 (1961)

In the Matter of The Estate of Elizabeth McCumiskey, Deceased. City of New York, Appellant; Alice Cleveland, as Administratrix of The Estate of Elizabeth McCumiskey, Deceased, Respondent

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

July 5, 1961

Decree reversed on the law, without costs, and petition dismissed.

The findings of fact implicit in the Surrogate's decision are affirmed. The facts are undisputed. The city refused the administratrix' demand for payment of the condemnation award on the ground (the fact now being conceded) that decedent was indebted to the city for hospital services in an amount in excess of the amount of the condemnation award. Thereafter the administratrix

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