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  5. 47 A.D.2d 402 (1975)
 

MTR. OF WOSNITZER

47 A.D.2d 402 (1975)

In the Matter of The Estate of Mortimer Wosnitzer, Also Known as Mortimer Warren, Deceased. Diana Warren, as Executrix of Mortimer Wosnitzer, Deceased, Respondent; Victoria Wosnitzer, Appellant

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

April 17, 1975

Attorney(s) appearing for the Case

Michael W. Holland of counsel (George Washington Herz with him on the brief; Herz & Ryder, attorneys), for appellant.

Stanley M. Estrow for respondent.

MARKEWICH, J.P., LANE and LYNCH, JJ., concur with LUPIANO, J.; KUPFERMAN, J., dissents in an opinion.

LUPIANO, J.

The order of the Surrogate's Court, Bronx County (GELFAND, S.), entered September 3, 1974, which denied petitioner's application to compel an accounting, should be reversed on the law and the matter remanded for a hearing as to the issue of whether, under the separation agreement between petitioner and her former husband, after the latter's demise, petitioner has a cause of action against his estate...

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