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MATTER OF KRIMER

13 N.Y.2d 739 (1963)

In the Matter of The Estate of Ilija Krimer, Deceased. Maria Bricker et al., Appellants; William D. Krimer et al., Respondents.

Court of Appeals of the State of New York.

Decided June 6, 1963.

Attorney(s) appearing for the Case

William C. Mattison and Michael Ruggiero, in person, for Michael Ruggiero, as special guardian for Anna Krimer, an incompetent, appellant.

Milton N. Mound and Henry A. Greenburg for Maria Bricker, appellant.

Joseph Kottler, Mannis Neumann and Reuben J. Aronson for William D. Krimer, respondent.

No appearance for remaining respondents.

Concur: Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BURKE and FOSTER. Judges DYE and SCILEPPI dissent and vote to affirm.

Order reversed and a new trial granted, with costs to abide the event, upon the ground that issues of fact were presented which should have been submitted to the jury...

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