SCHOELLES v. ZAUSMER


2 A.D.2d 979 (1956)

El Rena L. Schoelles, Appellant, v. Nathan Zausmer et al., Respondents

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

December 3, 1956


Order reversed, with $10 costs and disbursements, and motion denied, without costs.

It appears from the complaint that respondents are also executors of a decedent's estate. The amended answer alleges that the loans were made under an agreement that the estate would be liable for payment thereof and that the estate has made payment to the appellant. It further appears that two other proceedings involving the same parties are pending in said Surrogate's Court and for...

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