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MATTER OF CREAMER

37 A.D.2d 33 (1971)

In the Matter of the Accounting of Thomas T. Creamer, as Executor of John F. Creamer, Deceased, Respondent. Bank of Commerce, Appellant

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

June 17, 1971.

Attorney(s) appearing for the Case

Dugald Campbell Brown of counsel (Whitman & Ransom, attorneys), for appellant.

Herbert Plaut of counsel (Scribner & Miller, attorneys), for respondent.

McGIVERN, J. P., MARKEWICH and TILZER, JJ., concur with McNALLY, J.; MURPHY, J., dissents in part in an opinion.

McNALLY, J.

In this proceeding to compel an executor to render an accounting, the petitioning creditor, the Bank of Commerce, appeals from an order entered in the Surrogate's Court, New York County, on January 12, 1971, to the extent that it granted the executor's motion requiring the creditor to deliver promissory notes of four corporations in the aggregate of $25,000 pursuant to a stipulation between the parties...

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