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MATTER OF REICHBERG

283 A.D.2d 650 (2001)

725 N.Y.S.2d 853

In the Matter of the Estate of DAVID REICHBERG, Deceased. MARY BERESKA, Formerly Known as MARY REICHBERG, et al., Respondents; BRIAN REICHBERG et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided May 29, 2001.

Ordered that the order is affirmed, with costs.

The award to the co-executors of an attorney's fee was appropriate due to the failure of the appellant Gregory Reichberg to appear for two scheduled depositions (see, Smith v New York Tel. Co., 235 A.D.2d 529; Barbiere v Motamed, 209 A.D.2d 368).

The appellants' remaining contention is...

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