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MATTER OF ROSENZWEIG

29 A.D.2d 110 (1967)

In the Matter of The Estate of Sam Rosenzweig, Deceased. Emanuel Rosenzweig, Respondent; Aranka Klein, as Trustee Under a Trust Created by Sam Rosenzweig, Deceased, Appellant

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

December 26, 1967.

Attorney(s) appearing for the Case

Isidore Beerman of counsel (Beerman, Gaspari & Beerman, attorneys; Julia Sherman and Leon A. Beerman with him on the the brief), for appellant.

Edmund B. Hennefeld of counsel (Margolies & Geldzahler, attorneys; Irving Margolies and Lawrence I. Drath with him on the brief), for respondent.

EAGER and McGIVERN, JJ., concur with WITMER, J.; STEVENS, J., dissents in opinion, in which BOTEIN, P. J., concurs.

WITMER, J.

The primary question before the court on these appeals is the effect of the decree herein of Surrogate Cox, dated June 25, 1963, affirmed by the Court of Appeals in 19 N.Y.2d 92. Respondent contends that such prior decree is res judicata as to the construction issue presented to us by the appellant. We hold that the prior decree and its affirmance did not...

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