MATTER OF ROTHKO


95 Misc.2d 492 (1978)

In the Matter of The Estate of Mark Rothko, Deceased.

Surrogate's Court, New York County.

July 27, 1978


Attorney(s) appearing for the Case

Breed, Abbott & Morgan (Edward J. Ross and James Peterson of counsel), for Kate Rothko, petitioner. Hall, Dickler, Lawler, Kent & Howley (Gerald Dickler and Paul Sarno of counsel), for Barbara Northrup, petitioner. Louis J. Lefkowitz, Attorney-General (Gustave Harrow of counsel), for ultimate charitable beneficiary. Richenthal, Abrams & Moss (Arthur Richenthal of counsel), for Theodoros Stamos, respondent. Keane & Butler (Raymond Fitzgerald of counsel), for Bernard J. Reis, respondent. Paul, Weiss, Rifkind, Wharton & Garrison (Bernard H. Greene of counsel), for Morton Levine, respondent. Sullivan & Cromwell (David M. Olasov, John W. Dickey, David W. Peck and Pamela S. Dwyer of counsel), for Marlborough Gallery, Inc., and others, respondents. Cleary, Gottlieb, Steen & Hamilton (George De Sipio, Martin I. Gdansky and James C. Blair of counsel), for The Mark Rothko Foundation, Inc., respondent.


MILLARD L. MIDONICK, S.

The decision of this court in the removal proceeding with respect to this estate (84 Misc.2d 830) and the decree entered thereon provided that the grant of costs and disbursements to the prevailing parties be reserved for supplemental decree after the final determination of all appeals. That decree was affirmed with one modification by the Appellate...

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