Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the motion which was for summary judgment directing the appellant to turn over to the decedent's estate the decedent's capital account in Garvies Point Realty, LLC, in the principal sum of $28,357, and substituting therefor a provision denying that branch of the motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.
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