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MATTER OF SVERDLIN

47 Misc.2d 169 (1965)

In the Matter of the Accounting of Phyllis De Rosa, as Executrix of Joan P. Sverdlin, Also Known as Josephine P. Sverdlin, Deceased.

Surrogate's Court, Westchester County.

July 29, 1965

Attorney(s) appearing for the Case

Samuel Mezansky and Thomas J. Malmud for Frank Sverdlin, movant. Perles, Cohen, Estrow, Kleefeld & Levy (Murry I. Cohen of counsel), for Berardino Mastromonaco, respondent. Behrman & Real (Frank E. Behrman of counsel), for Phyllis De Rosa, as executrix. Francis J. Young, as special guardian for infants.

HARRY G. HERMAN, S.

This is an application to punish Berardino Mastromonaco for contempt for his refusal to answer certain questions propounded to him on his examination before trial (CPLR 2308, subd. [a]), or, in the alternative, to compel him to answer said questions (CPLR 3124).

This motion is brought by the examining party herein, who is the surviving widower of the testatrix; he had filed objections...

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