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MATTER OF SHULMAN

43 A.D.2d 929 (1974)

In the Matter of Mae Shulman, as Administratrix of The Estate of Harry Shulman, Deceased. Mae Shulman, Appellant; Albert Shulman et al., Respondents

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

February 25, 1974

This court has already held herein that "petitioner's proof [in the discovery proceeding] was sufficient to raise an issue of title to the money and other personal property described in the petition". (33 A.D.2d 666.) The issue of title is formally raised in the answer thereafter served. It follows that appellant is entitled to a jury trial thereon (Matter of Comfort, 234 App. Div. 19)...

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