Ordered that the order is reversed, on the law, with costs, payable by the respondent personally, the motion is granted, and the demand for a jury trial is stricken.
The petitioner commenced this proceeding, inter alia, pursuant to SCPA 2105, for a decree directing Anthony Rivara, Jr., as executor (hereinafter the executor) of the estate of Anthony Rivara, Sr., to amend his application for preliminary letters testamentary to omit the capital stock in Rivara's Shipyard...
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