Ordered that the order is affirmed, with one bill of costs payable by the appellant to the respondent Western Surety Company.
The Surrogate's Court properly denied that branch of the petition which was to compel the administrator Steven E. Zipser to pay the full amount of the judgment as the account of the estate had not been settled (see, Matter of Lesser, 154 Misc. 364).
The court properly denied that branch of the petition which was to commence an...
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