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MATTER OF THOENS

51 A.D.2d 691 (1976)

In the Matter of The Estate of Bess Thoens, Also Known as Bessie Thoens, Deceased. Victor Rizika, Appellant; Barnet Kaprow et al., Respondents

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

February 2, 1976

Respondents shall recover of appellant one bill of $60 costs and disbursements of this appeal.

Kupferman, J., dissents in the following memorandum:

At this early stage, with the application by the preliminary executors to dismiss on the ground of the statute of frauds this claim to one half of an estate, the motion should have been denied. The claim is based on an alleged oral agreement, and the memorandum alleged to remove the bar of the Statute...

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