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MATTER OF SIGAL v. KULUKUNDIS

8879, 3411/10K.

171 A.D.3d 434 (2019)

95 N.Y.S.3d 522

2019 NY Slip Op 02482

In the Matter of Albert Sigal et al., Respondents, v. Tara Kulukundis, Appellant.

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

Decided April 2, 2019.

The Surrogate's Court properly granted the petition. It is undisputed that the apartment is an asset of decedent's residuary estate, and its disposition is subject to petitioners' discretion under the provisions of decedent's last will and testament. Thus, petitioners acted within their duty to marshal estate assets and to prevent waste by seeking the sale of the subject apartment (see Matter of Sehr, 169 Misc.2d 543, 545 [Sur...

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