Majority
p. 952In the Matter of the Judicial Settlement of the Final Account of Proceedings of Mark W. Cohn, as Executor, etc., of Henry Jacoby, Deceased. The First Institute of Podiatry, as Administrator with the Will Annexed of Henry Jacoby, Deceased, Appellant; Dr. William J. Kriete, Respondent.
A physician made claim for medical services rendered to the decedent during about the last four years of his life. The claim was rejected by the executor and was passed upon on the final accounting and allowed in the sum of $4,130. Decree of the Surrogate’s Court, Queens county, in so far as an appeal has been taken therefrom, unanimously affirmed, with costs to respondent, payable out of the estate. No opinion. Present — Hagarty, Davis, Johnston, Adel and Close, JJ.