MATTER OF DELMORO

2009-2303/B

48 Misc.3d 628 (2015)

11 N.Y.S.3d 439

2015 NY Slip Op 25146

In the Matter of DEENA DELMORO, as Executor of RONALD A. DELMORO, Also Known as RONALD ANTHONY DELMORO, Deceased, Petitioner.

Surrogate's Court, Westchester County.

Decided April 30, 2015.


Attorney(s) appearing for the Case

Law Offices of Mitchell E. Wilensky, New York City ( Mitchell E. Wilensky , of counsel), and Oshman & Mirisola, LLP, New York City ( Matthew Oshman of counsel), for petitioner.


OPINION OF THE COURT

Blind application of the Kaiser formula (Matter of Kaiser, 198 Misc. 582 [1950]) can result in the inequitable and unjust distribution of proceeds from a wrongful death action. In estate matters involving a wrongful death recovery, it is the obligation...

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