In re the Estate of Goldstein — 274 A.D. 919

Majority

p. 919

In the Matter of the Estate of Max Goldstein, Deceased. National City Bank of New York, Appellant; Erna Goldstein, as Administratrix of the Estate of Max Goldstein, Deceased, Respondent.

Decree reversed and the application for discovery denied, without prejudice to an application under subdivision 2 of section 119 of the Surrogate’s Court Act, with costs and disbursements to the appellant payable out of the fund. No opinion. Present — Peck, P. J., Glennon, Dore, Cohn and Van Voorhis, JJ.; Glennon and Cohn, JJ., dissent and vote to affirm.