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MATTER OF MAIKOWSKI

7 Misc.3d 889 (2004)

796 N.Y.S.2d 841

In the Matter of the Estate of RAYMOND MAIKOWSKI, Deceased.

Surrogate's Court, New York County.

November 1, 2004.

Attorney(s) appearing for the Case

Goldfarb Abrandt Salzman & Kutzin, LLP (Michael S. Kutzin of counsel), for Robert Bourke, respondent.

Greenfield Stein & Senior, LLP (Gary B. Freidman of counsel), for Barbara M. Kislak, petitioner.

OPINION OF THE COURT

EVE PREMINGER, S.

Respondent's motion to reargue should be granted and, after reargument, the court adheres to its original decision.

The main question on reargument is whether the court misapprehended the facts or misapplied the law in denying respondent's motion to compel (CPLR 2221). In its original decision, this court properly denied respondent's motion to compel decedent's attorney to testify about conversations concerning...

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