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RUSKIN & LIPPMAN v. SABLE

85 Misc.2d 715 (1976)

Ruskin & Lippman P. C., Plaintiffs, v. Lee Sable, as Executrix of Walter Ephron, Deceased, Defendant.

Civil Court of the City of New York, New York County.

March 11, 1976

Attorney(s) appearing for the Case

Surowitz & Ruskin, P. C. (Robert Proujansky of counsel), for plaintiffs. DiFalco Field Lomenzo & O'Rourke (Walter M. Schwartz of counsel), for defendant.

FELICE K. SHEA, J.

In this action for accounting services brought in Civil Court for the sum of $1,587.50, defendant moves for an order pursuant to CPLR 325 (subd [e]) transferring the matter to the Surrogate's Court on the ground that the action affects the administration of a decedent's estate.

CPLR 325 (subd [e]) provides, in pertinent part: "Where an action pending in the supreme court affects the...

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