General
City Bank Farmers Trust Company, as Trustee under an Agreement Dated August 17, 1929, Made by Esther Gitel Klein, Respondent, v. Esther Gitel Klein, Appellant, and Others, Defendants
249 A.D. 844·New York Supreme Court, Appellate Division·1937·NY
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Opinion
City Bank Farmers Trust Company, as Trustee under an Agreement Dated August 17, 1929, Made by Esther Gitel Klein, Respondent, v. Esther Gitel Klein, Appellant, and Others, Defendants.
[MAJORITY]
Order denying motion to vacate a judgment settling the accounts of a trustee entered upon default and to permit appellant to appear and answer and to file objections to the account, affirmed, with ten dollars costs and disbursements. No opinion. Hagarty, Davis, Johnston and Taylor, JJ., concur; Lazansky, P. J., concurs, but is of opinion that the denial of the motion should be without prejudice to a renewal of the application in the event that the infant succeeds on the merits in her case.