Majority
p. 914Bertha W. Meister, Respondent, v. Eugene B. McAuliffe et al., as Preliminary Executors of Anton Meister, Deceased, Appellants.
Order dated December 23, 1966, to the extent appealed from, unanimously reversed, on the law, and the second amended complaint dismissed, without costs or disbursements. In our opinion the charges of fraud, duress and breach of confidential relationship are not of the kind sufficient to bring plaintiff’s ease within the doctrine of Averbuck v. Averbuch ( 270 App. Div. 116 ). Concur — Botein, P. J., Stevens, Steuer, Tilzer and McGivern, JJ.