1. Home
  2. Browse Decisions
  3. A.D.2d
  4. 33 A.D.2d
  5. 33 A.D.2d 650 (1969)
 

MATTER OF MENTO

33 A.D.2d 650 (1969)

In the Matter of The Estate of Fortunato Mento, Deceased, and The Estate of Frank Mento, Deceased. Joseph Mondo, Respondent; Peter Mento, Appellant

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

October 30, 1969

Orders unanimously reversed, without costs, and motion to open default granted.

Memorandum:

The refusal to open the default of appellant executor was an improvident exercise of discretion. No citation was served on the executor giving notice of the time and place of the hearing, and the fault of his attorney under these circumstances should not be charged against the estate. (Keenan v. Waring,

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases