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MATTER OF FLAUM

168 A.D.2d 933 (1990)

In the Matter of Ilene L. Flaum et al., Individually and as Coexecutrices and Cotrustees of Bernard P. Birnbaum, Deceased Ilene L. Flaum et al., as Temporary Coadministrators and Trustees of The Estate of Bernard P. Birnbaum, Deceased, Appellants, v. Saul I. Birnbaum, Individually and as Coexecutor and Cotrustee of Bernard P. Birnbaum, Deceased, Respondent. (Appeal No. 1.)

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

December 21, 1990

Order unanimously modified on the law and as modified affirmed with costs to petitioners, in accordance with the following memorandum:

The fiduciaries of the estate of Bernard P. Birnbaum (the Estate) appeal from separate orders of the Monroe County Surrogate which granted the application of Saul Birnbaum to force the Estate to sell its 50% cotenancy interest in Queensbury Plaza to TBP Realty, Inc., a buyer obtained by Saul...

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