MATTER OF BOROWIAK


100 Misc.2d 734 (1979)

In the Matter of The Estate of Stephen Borowiak, Deceased.

Surrogate's Court, Erie County.

August 27, 1979


Attorney(s) appearing for the Case

Irving R. Green for petitioner. Barth, Sullivan & Lancaster (John Sullivan of counsel), for respondent.


WILLIAM J. REGAN, S.

The petitioner has made a claim against the estate with respect to certain transactions made by the decedent on or about February 7, 1958, concerning creation of a joint bank account. The executor has made a preliminary motion to dismiss the petition based on the fact that the petitioner's claim is barred by the Statute of Limitations and/or laches. For the purposes of this motion, the following facts are stipulated by the parties...

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