MATTER OF SAKOW


280 A.D.2d 378 (2001)

721 N.Y.S.2d 34

In the Matter of the Estate of MAX SAKOW, Deceased. WALTER SAKOW, Appellant; DIANA SAKOW et al., Respondents, and HARRIET SILLEN et al., Appellants.

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

Decided February 20, 2001.


The Surrogate properly granted the application of objectant-respondent sisters for the appointment of a temporary receiver to oversee the Bronx properties. The election of remedies doctrine did not preclude the sisters from switching to the second of the two equitable remedy options made available by the Surrogate, which would provide them with immediate tangible benefits, because requiring them, at their advanced age, to continue with the option they originally chose would...

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