In re the Estate of Rothko
Cases that cite this one
2 later published cases cite this decision.
- Estate of Reis v. Commissioner (United States Tax Court 1986)
- People v. Katz (Appellate Division of the Supreme Court of New York 1982)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Order, Surrogate’s Court, New York County, entered April 5, 1973, denying motion of Attorney-General for protective order and granting cross motion directing examination of Attorney-General, unanimously reversed, on the law and in the exercise of discretion, and cross petitioner appellant’s motion for a protective order vacating the notices to examine him granted, and the cross motion denied. Cross petitioner appellant shall recover of respondents-respondents Reis and Stamos and The Mark Rothko Foundation, Inc., $40 costs and disbursements of this appeal. In this proceeding to remove executors it is sought to examine the Attorney-General by his assistant in charge of the matter as an adverse party. While nominally a party, in fact the Attorney-General appears only as the statutory representative of ultimate beneficiaries of charitable bequests under the will (EPTL 8-1.1, subd. [f]). As such, he may be examined only upon a showing of special or unusual circumstances and none are demonstrated (People v. Volkswagen of Amer. 41 A D 2d 827). Concur — Markewich, J. P., Murphy, Lane, Tilzer and Macken, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.