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HARVEY v. HARVEY

78 A.D.2d 627 (1980)

Sally S. Harvey, as Executrix of The Estate of Robert B. Harvey, Deceased, Respondent, v. Alfred Harvey et al., Appellants

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

October 30, 1980

Unanimously modified, on the facts and in the exercise of discretion, to the extent of allowing each defendant to post a separate surety bond in the amount of $100,000, and otherwise affirmed, with costs.

Our modification is in response to expressed apprehensions as to the risk of forfeiture by either defendant based solely on the basis of his brother's failure to comply. We have concluded that the amount fixed is appropriate...

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