MATTER OF ROBERTS v. JOSSEN


63 N.Y.2d 875 (1984)

In the Matter of Harriet Roberts, as Executrix of Edith Rathaus, Deceased, Respondent-Appellant, v. Geraldine Jossen et al., Appellants-Respondents.

Court of Appeals of the State of New York.

Decided October 16, 1984.


Attorney(s) appearing for the Case

Janet Cunard for Geraldine Jossen, appellant-respondent.

Jonathan R. Frank and Steven R. Finkelstein for Citibank, N. A., appellant-respondent.

Kenneth L. Stein and Gary B. Friedman for respondent-appellant.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.


MEMORANDUM.

The order of the Appellate Division should be modified by vacating the award of interest, with costs payable out of the estate to all parties appearing separately and filing separate briefs, and the matter remitted to Surrogate's Court, New York County, for further proceedings in accordance with this memorandum and, as so modified, affirmed.

These cross appeals involve the ownership and distribution of...

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