¶1In our opinion, under the circumstances here, the denial of the motion was an improvident exercise of discretion (cf. Surrogate’s Ct. Act, § 40; Matter of Poth, 155 Misc. 116; Shearn v. Lord, 16 Misc 2d 224, affd. 3 A D 2d 823). Nolan, P. J., Beldock, Ughetta, Kleinfeld and Christ, JJ., concur.
14 A.D.2d 776
Krewer v. Colavolpe
Appellate Division of the Supreme Court of the State of New York
Decided October 2, 1961
Appellate Division of the Supreme Court of the State of New York · decided 1961-10-02
Relies on In re the Estate of Poth
Decided 1961-10-02