MATTER OF ROGOL


26 Misc.2d 54 (1960)

the Matter of The Estate of Max Rogol, Deceased.

Surrogate's Court, Nassau County.

November 29, 1960


Attorney(s) appearing for the Case

Zalkin & Cohen for petitioner. Hyman B. Schutzer for respondents.


JOHN D. BENNETT, S.

This is a motion to dismiss a discovery proceeding in which one of the basic objections to the petition's sufficiency is that it seeks to enforce a debt by means of the discovery proceeding. The specific language in the petition concerning the property sought by the fiduciary reads as follows: "Petitioner has been advised that the books of the said corporations indicate thereon indebtednesses...

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