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POWELL v. ESTATE OF HINRICHS

49 Misc.2d 854 (1966)

Lillias M. Powell, Plaintiff, v. Estate of Theodore E. Hinrichs, Deceased, by Hyman W. Sevits, Executor, Defendant.

Supreme Court, Montgomery County.

March 29, 1966

Attorney(s) appearing for the Case

James L. Pemberton for defendant. Leo W. Spira for plaintiff.

WILLIAM J. CRANGLE, J.

Defendant seeks summary judgment in this action for work, labor and services, claiming that plaintiff has not brought her action within 60 days after rejection of her claim by the executor. Section 211-c of the Surrogate's Court Act states: "where a claim has been presented and rejected in whole or in part such action must be commenced within sixty days after such rejection."

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