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ROGOWSKY v. McGARRY

55 A.D.3d 815 (2008)

865 N.Y.S.2d 670

JOSHUA D. ROGOWSKY et al., Appellants, v. PETER McGARRY, Respondent.

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

October 21, 2008.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiffs are the sons of Edward Rogowsky (hereinafter the decedent) who died in March 2001. For the last 15 years of his life, the decedent and the defendant lived together as life partners in a Brooklyn cooperative apartment (hereinafter the apartment). The decedent executed a will in December 1992, inter alia, naming the defendant as executor and bequeathing to

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