MATTER OF ROTHKO


71 Misc.2d 320 (1972)

In the Matter of The Estate of Mark Rothko, Deceased.

Surrogate's Court, New York County.

September 7, 1972


Attorney(s) appearing for the Case

Richenthal, Abrams & Moss for Morton Levine and others, as executors, respondents. Butler, Jablow & Geller (Stanley Geller of counsel), for Kate Rothko, petitioner. Hall, Dickler & Howley for Barbara B. Northrup, as guardian of Christopher Rothko, respondent. Louis J. Lefkowitz, Attorney-General (Gustave Harrow of counsel), for ultimate charitable beneficiaries. Rosenman, Colin, Kaye, Petschek, Freund & Emil (Ralph F. Colin and Arnold I. Roth of counsel), for Marlborough Gallery, Inc., respondent. Graubard, Moskovitz, McGoldrick, Dannett & Horowitz for Marlborough A. G., respondent.


MILLARD L. MIDONICK, S.

In this proceeding for the suspension and ultimate removal of the executors, a temporary restraining order was requested (69 Misc.2d 752). By a prior order of this court dated June 26, 1972 the respondent executors and art galleries were restrained from selling or otherwise disposing of paintings executed by the testator. The restraining order permitted sales only upon application to the...

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