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MATTER OF TUCCIARONE

3 Misc.3d 237 (2004)

771 N.Y.S.2d 881

In the Matter of the Estate of MARIE TUCCIARONE, Deceased.

Surrogate's Court, Bronx County.

February 17, 2004.

Attorney(s) appearing for the Case

McCarthy, Fingar, Donovan, Drazen & Smith, LLP (John A. Fowler of counsel), for executrix.

Marino & Chambers, PC. (Frank P. Marino of counsel), for objectant.

OPINION OF THE COURT

LEE L. HOLZMAN, J.

In this accounting proceeding, the executrix moves for summary judgment dismissing the objections of the specific legatee of a cooperative apartment (315 shares of the cooperative corporation). The primary issue, which appears to be one of first impression, is whether, for the purpose of apportioning estate taxes under EPTL 2-1.8, the objectant's legacy should be valued at...

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