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MTR. OF KLEINBERG v. HELLER

45 A.D.2d 514 (1974)

In the Matter of Philip N. Kleinberg, as Executor of Jessie Lang, Deceased, Respondent, v. Harriet Heller, Appellant

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

October 24, 1974.

Attorney(s) appearing for the Case

Allen H. Weiss of counsel (Shedler, Weiss & Kozupsky, attorneys), for appellant.

Sidney Schutz of counsel (Julius Weiss, attorney), for respondent.

MARKEWICH, J. P., concurs with LUPIANO, J.; KUPFERMAN, J., concurs in a separate opinion; MURPHY and TILZER, JJ., dissent and vote to affirm on the opinion of the Surrogate.

LUPIANO, J.

In this discovery proceeding commenced by the executor of the estate of Jessie Lang against Harriet Heller, survivor-tenant of a joint savings account, the survivor-tenant appeals from so much of the decree of the Surrogate's Court, Bronx County (GELFAND, S.), entered April 24, 1974, which adjudged and decreed that Harriet Heller pay to the executor money she withdrew from the joint savings account...

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