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MATTER OF GRUDER

89 Misc.2d 477 (1977)

In the Matter of The Estate of Bernard Gruder, Deceased.

Surrogate's Court, Nassau County.

February 17, 1977

Attorney(s) appearing for the Case

Marvin Small for Sydell Gruder, petitioner. Freeman, Hyman & Diamond for Mary Gruder, objectant. Joseph F. Soviero, Jr., guardian ad litem. Bernard Furman, pro se. Cole & Deitz for National Bank of North America. Julius Gilman for Stephen Bierman, objectant. Gary Ginsburg for Robert Glenn.

JOHN D. BENNETT, J.

In this accounting proceeding the objectant, Mary Gruder, a general creditor of the estate, challenges the payment of debts by the estate to the respondent bank in preference to the other creditors of the estate in violation of SCPA 1811 (subd 3). The bank contends that it was a preferred creditor and that the satisfaction of the debts was not a violation of SCPA 1811 (subd 3).

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