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MATTER OF ADOMOSKI

6 N.Y.2d 927 (1959)

In the Matter of the Accounting of Kamila A. Adomoski, as Executrix of Thomas Adamoski, Deceased, Appellant. Catherine Swachey et al., Respondents.

Court of Appeals of the State of New York.

Decided July 8, 1959.

Attorney(s) appearing for the Case

Raymond Rebecchi for appellant.

Charles Liss and Rosauro Gomez for Catherine Swachey, respondent.

Philip Olan for Stanley Adamoski, respondent.

Concur: Judges DESMOND, DYE, FULD, VAN VOORHIS and BURKE. Chief Judge CONWAY and Judge FROESSEL dissent and vote to affirm upon the ground that the Statute of Frauds was not pleaded (see Civ. Prac. Act, § 242).

Order modified by reducing the amount of the Swachey claim from $1,875 to $45 (Personal Property Law, § 31, subd. 7) and, as so modified, affirmed, without costs to any party...

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