In re the Estate of Plessen — 277 A.D.2d 973

Majority

p. 973

In the Matter of the Estate of Eleanor G. Plessen, Deceased. Bank of New York and Fifth Avenue Bank, as Executor of Eleanor G. Plessen, Deceased, et al., Appellants-Respondents; Baron Leopold Plessen, Respondent-Appellant; Comptroller of the Treasury of the State of Maryland et al., Respondents.

Order unanimously modified by directly that the respondent-appellant be examined as a party instead of as a witness and, as so modified, affirmed, without costs. He may presently be examined on interrogatories, with leave to move for his attendance here, before trial, for further oral examination as an adverse party. Settle order on notice. Present — Peck, P. J., Glennon, Dore, Callahan and Van Voorhis, JJ.