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MATTER OF FRANKEL

292 A.D.2d 526 (2002)

739 N.Y.S.2d 298

In the Matter of the Estate of ROBERT FRANKEL, Deceased. WILBUR F. BRESLIN, Appellant; ADELE FRANKELLOEB, Respondent.

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

Decided March 18, 2002.

Ordered that the decree is affirmed, with costs payable by the estate.

The Surrogate's Court properly determined that the release executed by Wilbur F. Breslin in favor of Adele Frankel-Loeb, the decedent's wife, as part of a settlement of various lawsuits, bound Breslin in his capacity as executor of the estate. It is well settled that a release is a contract and is subject to the laws governing contracts (see, Mangini v McClurg, 24 N.Y.2d...

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