TEBIN v. MOLDOCK


19 A.D.2d 275 (1963)

Kazimierz Tebin et al., Appellants, v. Janina Moldock, Respondent

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

July 9, 1963.


Attorney(s) appearing for the Case

Paul L. Ross of counsel (Wolf Popper Ross Wolf & Jones, attorneys), for appellants.

Edward J. Bloustein of counsel (Irving Payson Zinbarg, attorney), for respondent.

RABIN, EAGER and BASTOW, JJ., concur with BREITEL, J. P.; McNALLY, J., dissents in part in opinion.


BREITEL, J. P.

Plaintiffs appeal from a judgment dismissing their complaint after a trial without a jury. Plaintiffs are the son, sister and two brothers of a New York decedent, all of whom are residents of Poland. Defendant is decedent's niece, and a native-born American. Decedent emigrated to the United States from Poland in 1913. She died in 1956, a widow, leaving only plaintiff son as a surviving descendant...

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