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HINDUS v. NEWBURGER

279 A.D. 17 (1951)

Minnie Hindus, Respondent, v. Lester M. Newburger et al., as Copartners, Respondents, and Florence Slutsky, Individually and as Executrix of Samuel Slutsky, Deceased, Impleaded Defendant-Appellant

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

October 16, 1951.

Attorney(s) appearing for the Case

Douglas E. Mathewson of counsel (James A. Smyth, attorney), for appellant.

Joseph S. Catalano of counsel (William J. Woods with him on the brief; Ignatius, McFadden & Catalano, attorneys), for plaintiff-respondent.

Osmond K. Fraenkel for defendants-respondents.

DORE, J. P., COHN, CALLAHAN and VAN VOORHIS, concur; SHIENTAG, J., dissents and votes to affirm.

Per Curiam.

This action concerns the title to shares of stock which the trial court held were given by decedent Samuel Slutsky in his lifetime to his sister, the plaintiff Minnie Hindus. From this determination his widow, Florence Slutsky, appeals, contending that no gift inter vivos was effected to decedent's sister, and that these shares belong to his estate, of which she is the executor and sole legatee. Samuel...

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