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BASCH v. HOOPER

133 Misc.2d 738 (1986)

Hilde M. Basch, as Executrix of Herman Basch, Deceased, Petitioner, v. Thomas Hooper, Individually and Doing Business as Thomas Hooper Photography, Respondent.

Civil Court of the City of New York, New York County.

October 23, 1986

Attorney(s) appearing for the Case

Finkelstein, Borah, Schwartz, Altschuler & Goldstein, P. C. (Cindy P. Schenker of counsel), for petitioner. Castro, Wiener & Karten (Bruce H. Wiener of counsel), for respondent.

MARTIN SCHOENFELD, J.

"What's in a name? That which we call a rose By any other name would smell as sweet."

In this nonprimary residence summary proceeding, however, a rose by any other name is not the same thing. More specifically, a 30-day termination notice stating petitioner to be an executrix when in fact she is a trustee is a defective notice which cannot be amended.

Petitioner moves...

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