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MATTER OF DERTINGER

90 Misc.2d 789 (1977)

In the Matter of The Estate of Carl Dertinger, Deceased.

Surrogate's Court, Nassau County.

June 21, 1977

Attorney(s) appearing for the Case

Zigmund L. Levitt, David H. Brown and David L. Green for petitioners. Walter J. Boyles for respondent. Roe, Carman, Clarke, Berkman & Berkman, P. C., for Reliance Federal Savings & Loan Association.

JOHN D. BENNETT, J.

Petitioners' motion to strike the respondent's affirmative defense of lack of jurisdiction is granted. Respondent, Yolanda Safuto, accepted a check for $3.20 which was tendered as compensation for her traveling expenses and witness' fee as required by CPLR 2303. The witness returned the check with a letter dated 10 days later and questioned jurisdiction on the grounds that the fee was tendered...

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