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MATTER OF COLBY

187 Misc.2d 695 (2001)

723 N.Y.S.2d 631

In the Matter of the Estate of NATHANIEL COLBY, Deceased.

Surrogate's Court, New York County.

March 27, 2001.

Attorney(s) appearing for the Case

Uncyk Borenkind & Nadler, L. L. P., New York City, for petitioner.

Hofheimer Gartlir & Gross, L. L. P., New York City, respondent pro se.

OPINION OF THE COURT

RENEE R. ROTH, S.

The issue in this application to compel the production of documents in the estate of Nathaniel Colby is whether the executrix, Ruth Goldberg, may waive decedent's attorney-client privilege.

The question arises in connection with an action for fraud brought in the Supreme Court by Mrs. Goldberg as decedent's guardian under article 81 of the Mental Hygiene Law about...

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