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MATTER OF ZACH

144 A.D.2d 19 (1989)

In the Matter of The Estate of Anna Zach, Also Known as Anna Yandrasits, Deceased John Yandrasits, Respondent Ira J. Lipman, as Executor of Anna Zach, Also Known as Anna Yandrasits, Deceased, Appellant

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

January 19, 1989

Attorney(s) appearing for the Case

Franklyn A. Farris of counsel (Cimino & Prudenti, attorneys), for respondent.

Rona Klein of counsel (Epstein Becker & Green, P. C., attorneys), for appellant.

CARRO, J. P., and MILONAS, J., concur with WALLACH, J.; ASCH, J., dissents in an opinion.

WALLACH, J.

The estate of Anna Zach (Anna's estate), by its executor, appeals from an order of the Surrogate's Court, denying its motion for summary judgment dismissing the petition of John Yandrasits (John) to compel an accounting based on his claim to an elective share of Anna's estate.

Anna and John were married on December 19, 1970. About two weeks prior, on December 4, 1970, they entered into an...

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