In re the Estate of Rothko
In the Matter of the Estate of Mark Rothko, Bernard J. Reis, Appellants Kate Rothko
Opinion of the Court
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Order, Surrogate’s Court, New York County, entered on September 27, 1972, granting preliminary injunction as to further implementation of contract with Marlborough respondents, and providing procedures for authorized sales, and for a $20,000 undertaking, unanimously modified, on the law and in the exercise of discretion, to extent of increasing bond to the sum of $50,000 as in accordance with terms of interim order, and otherwise affirmed, without costs and without disbursements. In view of the duality of positions of two of the executors, we *966 deem it not improper to leave the temporary injunction undisturbed. An early trial, however, is clearly indicated. Concur — McGivern, J., P., Markewich, Nunez, Kupferman and Murphy, JJ. [ 71 Misc 2d 320 .]
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