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MATTER OF FLAUM v. BIRNBAUM

177 A.D.2d 170 (1992)

In the Matter of Ilene L. Flaum et al., Individually and as Temporary Coadministrator, C. T. A. and Trustee of The Estate of Bernard P. Birnbaum, Deceased, et al., Appellants-Respondents, v. Victoria Birnbaum, as Executrix of Saul I. Birnbaum, Deceased, Individually and as Coexecutor and Cotrustee of Bernard P. Birnbaum, Deceased, Respondent-Appellant and Third-Party Petitioner. Jay B. Birnbaum et al., Third-Party Respondents-Appellants-Respondents

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

March 13, 1992

Attorney(s) appearing for the Case

Harris, Beach & Wilcox (James Hartman of counsel), for appellants-respondents.

MacKenzie, Smith, Lewis, Michell & Hughes (James Hartman of counsel), for Jay B. Birnbaum, third-party respondent-appellant-respondent.

Allen & O'Brien (John J. Keigher of counsel), for respondent-appellant.

GREEN, PINE and DOERR, JJ., concur.

DENMAN, P. J.

Petitioners are Janice Birnbaum, Ilene Flaum, and Central Trust Company, who are, respectively, a suspended coexecutrix and the temporary coadministrators of the estate of Bernard P. Birnbaum (hereinafter the estate). The original respondent was Saul Birnbaum (Saul), a suspended coexecutor of the estate, but since Saul's death on April 20, 1991, Victoria Birnbaum, Saul's widow and the executrix...

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