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JACKSON v. KESSNER

206 A.D.2d 123 (1994)

Alice F. Jackson, Individually and as Executrix of Dora F. Izsak, Deceased, Appellant, v. Steven A. Kessner et al., Respondents

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

November 10, 1994

Attorney(s) appearing for the Case

Eugene A. Wolkoff of counsel, New York City (Callahan & Wolkoff, P. C., attorneys), for appellant.

Paul H. Appel, New York City, for respondents.

MURPHY, P. J., ELLERIN, NARDELLI and WILLIAMS, JJ., concur.

ROSS, J.

This appeal presents two issues for our review. The first concerns whether an individual who is both the executrix and sole beneficiary of a decedent's estate can maintain an action for malicious prosecution in her individual capacity, where the underlying suit complained of was commenced against her solely in her capacity as executrix and involved a parcel of land that was the sole asset of the estate...

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