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MATTER OF LURIA

63 Misc.2d 675 (1970)

In the Matter of The Estate of Max A. Luria, Deceased.

Surrogate's Court, Kings County.

July 15, 1970

Attorney(s) appearing for the Case

Seth Rubenstein for Kings County Lafayette Trust Company, petitioner. Shultz & Garber for Edna W. Luria, objectant. Louis J. Lefkowitz, Attorney-General, for charitable beneficiaries. Stroock & Stroock & Lavan for Jewish Theological Seminary of America. Lillian Kaltman for Hadassah. Murray Rubien for American Society for Technion-Israel Institute of Technology, Inc. Townsend & Lewis for American ORT Federation, Inc. Alfred J. Bedard for Ensomme G. Vaern.

NATHAN R. SOBEL, S.

The broad issue to be determined is the right to a jury trial in the Surrogate's Court. This is a recurrent issue and a perplexing one not alone for this court but for all courts. (See 4 Weinstein-Korn-Miller, N. Y. Civ. Prac., pars. 4101.1 to 4101.39.)

Because of the decision of the Court of Appeals in Matter of Garfield (14 N.Y.2d 251)...

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