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  5. 44 N.Y.2d 723 (1978)
 

TREPUK v. FRANK

44 N.Y.2d 723 (1978)

Meryl F. Trepuk et al., Appellants, v. Norman D. Frank, Individually and as Executor and Trustee of Joseph H. Steinhardt, Deceased, Respondent.

Court of Appeals of the State of New York.

Decided April 4, 1978.

Attorney(s) appearing for the Case

Thomas F. H. Meehan and Edward R. Finch, Jr., for appellants.

Armand J. Rosenberg for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be reversed and the order of Supreme Court, New York County, denying defendant's renewed motion for an order dismissing the complaint, should be reinstated, with costs to abide the event.

Joseph H. Steinhardt died in 1926 and on February 23, 1927 letters testamentary were issued by the Surrogate's Court of New York County to defendant Norman D. Frank and to Milo...

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