Wasserstein v. McCarthy
Decision Date | 07 February 2017 |
Citation | 2017 N.Y. Slip Op. 00943,46 N.Y.S.3d 414 (Mem),147 A.D.3d 464 |
Parties | In re PAMELA S. Wasserstein, et al., Petitioners–Respondents, v. Erin McCARTHY, Respondent–Appellant. In re Ellis Jones, Petitioner–Respondent, v. Erin McCarthy, Respondent–Appellant. In re Pamela S. Wasserstein, et al., Petitioners–Respondents, v. Erin McCarthy, Respondent–Appellant. |
Court | New York Supreme Court — Appellate Division |
147 A.D.3d 464
46 N.Y.S.3d 414 (Mem)
2017 N.Y. Slip Op. 00943
In re PAMELA S. Wasserstein, et al., Petitioners–Respondents,
v.Erin McCARTHY, Respondent–Appellant.
In re Ellis Jones, Petitioner–Respondent,
v.Erin McCarthy, Respondent–Appellant.
In re Pamela S. Wasserstein, et al., Petitioners–Respondents,
v.Erin McCarthy, Respondent–Appellant.
Supreme Court, Appellate Division, First Department, New York.
Feb. 7, 2017.
Carroll McNulty & Kull, LLC, New York (Christopher R. Carroll of counsel), for appellant.
Milbank, Tweed, Handley & McCloy LLP, New York (Robert C. Hora of counsel), for Pamela S. Wasserstein, Ben C. Wasserstein and A.D. Scoop Wasserstein, respondents.
Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York (Andrew G. Gordon of counsel), for Anup Bagaria, Ellis B. Jones and George L. Majoros, Jr., respondents.
Solomon Blum Heymann LLP, New York (Charles F. Gibbs of counsel), for Dash P. Wasserstein and Jack D. Wasserstein, respondents.
Farrell Fritz, Uniondale (Eric W. Penzer of counsel), for Sky W.E. Wasserstein, respondent.
Appeals from decrees, Surrogate's Court, New York County (Nora S. Anderson, S.), entered on or about May 22, 2015, which approved petitioner trustees' proposed distributions, unanimously dismissed, without costs, as taken from nonappealable decrees.
Respondent failed to file objections to petitioners' accounts, thereby defaulting in this proceeding (see Matter of E. & H. Goldstein Family Trust, 81 A.D.3d 728, 916 N.Y.S.2d 223 [2d Dept.2011] ). No appeal lies from an order entered upon default (CPLR 5511 ; see e.g. Matter of Dietz, 29 N.Y.2d 915, 328 N.Y.S.2d 864, 279 N.E.2d 607 [1972] ; Goldstein, 81 A.D.3d at 729, 916 N.Y.S.2d 223 ).
FRIEDMAN, J.P., ANDRIAS, MOSKOWITZ, KAPNICK, KAHN, JJ., concur.
To continue reading
Request your trialSubscribers can access the reported version of this case.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see a list of all the cited cases and legislation of a document.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see a list of all the documents that have cited the case.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see the revised versions of legislation with amendments.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see any amendments made to the case.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see a visualisation of a case and its relationships to other cases. An alternative to lists of cases, the Precedent Map makes it easier to establish which ones may be of most relevance to your research and prioritise further reading. You also get a useful overview of how the case was received.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.