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MATTER OF COHEN

88 A.D.2d 290 (1982)

In the Matter of the Accounting of Samuel B. Cohen et al., as Trustees under The Will of Joseph Cohen, Deceased, Appellants. Morton Cohen, Respondent

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

July 29, 1982

Attorney(s) appearing for the Case

Arthur I. Singer for appellants.

Joseph Winston for respondent.

ROSS, BLOOM and ASCH, JJ., concur with SILVERMAN, J.; MURPHY, P. J., dissents and would affirm on the opinion of Surrogate GELFAND.

SILVERMAN, J.

This is an appeal from a decree of the Surrogate's Court, Bronx County, on an executor's accounting. The decree surcharges the executors for the objectant's share of the damage claimed to have been suffered by the estate by reason of the failure of a tenant corporation to pay a fair rental to the landlord corporation (in both of which the estate had a substantial but minority stock interest) from the inception of the executorship in 1960...

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