MATTER OF SAMUELS


15 A.D.2d 701 (1962)

In the Matter of the Accounting of Ethel M. Samuels, as Executrix of Harry H. Samuels, Deceased, Respondent-Appellant. John Marella, Appellant-Respondent

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

January 17, 1962


Decision handed down December 29, 1961 (ante, p. 618), amended to read as follows: Order of Surrogate modified to reverse that part thereof which nonsuits claimant-appellant on the ground a claim prima facie is not made out; motion to dismiss denied; and proceeding remitted to Surrogate for such defenses on the merits as petitioner-appellant may be advised; and as thus modified affirmed,...

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