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MATTER OF BRICKER (KRIMER) v. KRIMER

13 N.Y.2d 22 (1963)

In the Matter of Maria Bricker, as Committee for Anna Krimer, an Incompetent Person, Appellant, v. William D. Krimer, Respondent.

Court of Appeals of the State of New York.

Decided June 6, 1963.

Attorney(s) appearing for the Case

Milton N. Mound and Henry A. Greenburg for appellant.

Joseph Kottler and Reuben J. Aronson for respondent.

Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BURKE, FOSTER and SCILEPPI concur.

DYE, J.

In this discovery proceeding, pursuant to section 1377-b of the Civil Practice Act, the committee for an incompetent seeks to recover moneys representing the proceeds of two bank accounts which, allegedly, are being wrongfully withheld by the respondent herein.

It is undisputed that on June 27, 1957 the incompetent's husband, Ilija Krimer, used his personal funds to open two accounts in the Harlem...

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