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MATTER OF STERN

282 A.D. 662 (1953)

In the Matter of The Estate of Rose G. Stern, Deceased. Chase National Bank of the City of New York, as Executor of Rose G. Stern, Deceased, Respondent; Oswald A. Schlegel, Appellant

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

June 9, 1953.

Order affirmed, with $20 costs and disbursements to petitioner-respondent.

Peck, P. J., dissents and votes to reverse and dismiss the petition in the following memorandum:

Although phrased as a discovery proceeding under section 205 of the Surrogate's Court Act, it appears that what is sought in this case and what remains after the denial of an examination as to the savings bank books, is an accounting...

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