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MATTER OF MARCECA

40 A.D.3d 318 (2007)

833 N.Y.S.2d 897

In the Matter of the Estate of ROBERT K. MARCECA, Deceased. GOLDIE ROTENBERG, Appellant; KANE REALTY SERVICES, INC., Respondent, and MICHAEL V. BLUMENTHAL et al., as Coexecutor of ROBERT K. MARCECA, Deceased, Respondents.

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

Decided May 10, 2007.

The J.H.O.'s findings that appellant was a faithless servant, and that her acts of faithlessness warrant disgorgement of all compensation paid after the first such act, are supported by the record and should not be disturbed (see Namer v 152-54-56 W. 15th St. Realty Corp., 108 A.D.2d 705 [1985]; Maritime Fish Prods. v World-Wide Fish Prods., 100 A.D.2d 81, 91 [1984], appeal dismissed...

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