MATTER OF SYLVESTRI


55 A.D.2d 916 (1977)

In the Matter of The Estate of Palma Sylvestri, Deceased. Louise Patti, Appellant; Rocco J. Sylvestri et al., Respondents

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

January 17, 1977


Decree affirmed, without costs or disbursements, on the opinion of Surrogate Brewster.

Cohalan, Acting P. J., dissents and votes to reverse the decree and remand the proceeding to the Surrogate's Court for a new trial, with the following memorandum, in which Titone, J., concurs:

The fact situation in this case is akin to that of a prizefighter who got in a lucky and punishing punch on his opponent in the first round, and was able to carry through...

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