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KATSH v. KATSH

23 A.D.2d 494 (1965)

Chauncey J. Katsh, Appellant-Respondent, v. Beatrice Katsh, Individually and as Executor and Trustee of Joseph I. Katsh, Deceased, Respondent-Appellant, and Matthew H. Ross, as Executor and Trustee of Joseph I. Katsh, Deceased, Respondent. (Action No. 1.) Chauncey J. Katsh, Plaintiff, v. Matthew H. Ross et al., as Executors of Joseph I. Katsh, Deceased, Defendants. — (Action No. 2.)

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

January 28, 1965

Order, entered on August 10, 1964, to the extent that it denies plaintiff's motion for summary judgment with respect to the first cause of action alleged in the complaint in Action No. 1, unanimously reversed, on the law, with $30 costs and disbursements to all parties filing briefs, payable from the estate of Joseph I. Katsh, deceased, and the motion granted.

By agreement between plaintiff and his brother, since deceased...

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