MATTER OF PALEGA


208 Misc. 966 (1955)

In the Matter of The Estate of Joseph Palega, Deceased.

Surrogate's Court, New York County.

August 16, 1955.


Attorney(s) appearing for the Case

Benjamin Esberg for Anna Palega, as administratrix of the estate of Joseph Palega, deceased, petitioner.

Rabinowitz & Hornstein for Nicholas J. Palega, respondent.


FRANKENTHALER, S.

In this discovery proceeding the administratrix seeks to recover the assets of a window cleaning business. Respondent, son of decedent, claims title as surviving partner to one half of such property. Respondent's defense of laches is dismissed.

The certified copy of the certificate of partnership filed pursuant to section 440 of the Penal Law raises the presumption that decedent and respondent became partners as of March 5, 1953...

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