Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Attorney(S)

In the Matter of the Accounting of EDWARD DUCHNOWSKI, as Executor of VICTORIA DUCHNOWSKI, Deceased, Appellant. WESLEY DUCHNOWSKI et al., Respondents.

Motion denied upon the ground that once an appeal lies as of right under subdivision (a) of CPLR 5601, all questions properly raised below may be reviewed on the ensuing appeal. Subdivision (a) of CPLR 5601 concerns the right to appeal and not the scope of review, once an appeal is properly before the court. An appeal, therefore, taken on a dissent in the Appellate Division stating a question of law in appellant's favor is not limited in scope to the question of law stated (cf. Kaelin v. Warner, 27 N.Y.2d 352; Cohen and Karger, Powers of the New York Court of Appeals, pp. 7, 257).

Use AI to get other relevant cases.

Comments

MATTER OF DUCHNOWSKI
(Feb 7, 1973)