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ROSNER v. CAPLOW

105 Misc.2d 592 (1980)

June Rosner, Petitioner, v. Mildred Caplow et al., Respondents.

Supreme Court, Special Term, New York County.

September 15, 1980.

Attorney(s) appearing for the Case

Hawkins, Delafield & Wood (Philip R. Forlenza of counsel), for petitioner. Blum, Haimoff, Gersen, Lipson, Slavin & Garley for Mildred Caplow and another, respondents. Maurice M. McDermott for Jeffrey Wachtel and others, respondents. Stacy Caplow and Amy Caplow, respondents pro se.

MARTIN B. STECHER, J.

This is a petition made by June Rosner "for instructions and directions of the Court as to the status of petitioner and respondents as Trustees and as to petitioner's duty to seek an accounting" and for other and collateral relief, including the removal of respondents as trustees. The respondents cross-move for summary judgment dismissing the petition (CPLR 404, subd [a]; 3212, subd [b]) on the grounds that

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