MATTER OF COHEN


206 Misc. 313 (1954)

In the Matter of The Estate of Philip Cohen, Deceased.

Surrogate's Court, Kings County.

June 11, 1954.


Attorney(s) appearing for the Case

Pollister Hamilton Feely for Lafayette National Bank of Brooklyn in New York, as administrator of the estate of Philip Cohen, deceased, petitioner.

Moses Polakoff and Milton C. Polakoff for Sol Roder and others, respondents.


RUBENSTEIN, S.

This is a motion, in a discovery proceeding commenced by the administrator herein, to vacate an order dated February 23, 1954, for the examination of ten individuals including the two who appear specially herein for the purposes of this motion. The objections go to the substance and sufficiency of the petition and challenge the court's jurisdiction only of the subject matter thereof. Consequently, the movants must be deemed to have appeared...

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