MATTER OF BENNETT


142 A.D.2d 578 (1988)

In the Matter of Carole Bennett, Also Known as Carole Jurist, Deceased. Allan S. Botter, Respondent; Harvey Jurist, Appellant

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

July 5, 1988


Ordered that the decree is affirmed, with costs payable by the appellant personally.

In December 1982 the appellant left the apartment where he resided with his wife of 18 months, never again to resume living in the same household with her until her death in April 1985. Although the lease to that apartment was in his name, he paid no additional rent until 1984 after the decedent had been evicted and legal action was brought against him. The record supports the Surrogate...

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