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In the Matter of JANICE S. BIRNBAUM, Respondent, v. SAUL I. BIRNBAUM, Appellant. In the Matter of ILENE L. FLAUM, Respondent,

Decree unanimously affirmed, with costs. Memorandum: This case involves allegations of fraud and self-dealing on the part of fiduciary. On an examination of the record we agree with the Surrogate that there are questions of fact which preclude summary judgment.

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MATTER OF BIRNBAUM v. BIRNBAUM
(Jul 13, 1984)