Rothko's Estate, In re
| Decision Date | 12 December 1972 |
| Citation | 338 N.Y.S.2d 854,40 A.D.2d 965 |
| Parties | In re Mark ROTHKO'S ESTATE. Application of Kate Rothko, Petitioner-Respondent, For a Decree revoking Letters Testamentary of the Last Will and Testament of Mark Rothko, Deceased, heretofore issued to Bernard J. Reis, and Theodore Stamos, Respondents-Appellants, and Morton Levine, Respondent-Respondent, and rescinding Certain Agreements entered into by them with Marlborough Gallery, Inc. and Marlborough A.G., Respondents-Appellants, and granting other relief. The Mark Rothko Foundation, Inc., Respondent-Appellant, The Attorney General of the State of New York, Cross-Petitioner-Respondent, Barbara B. Northrup, as Guardian of the Person and Property of Christopher Rothko, Respondent-Respondent, and Herbert Ferber, as Executor of the Estate of Mary Alice Rothko, Deceased, Respondent-Respondent. |
| Court | New York Supreme Court — Appellate Division |
E. J. Ross, New York City, for petitioner-respondent.
A. Richenthal, New York City, for respondents-appellants Reis and Stamos.
B. H. Greene, New York City, for respondent-respondent Levine.
A. I. Roth, E. Dannett, New York City, for respondents-appellants Marlborough Gallery, Inc. and Marlborough A.G.
S. N. Greenspoon, New York City, for respondent-appellant Mark Rothko Foundation, Inc.
G. Harrow, New York City, for cross-petitioner-respondent Atty. Gen. of State of New York.
G. Dickler, New York City, for respondent-respondent Northrup.
Order, Surrogate's Court, New York County (Midonick, S.), 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, 71 Misc.2d 320, 336 N.Y.S.2d 130, 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 deem it not improper to leave the temporary injunction undisturbed. An early trial, however, is clearly indicated.
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Estate of Rothko
...of this court, which permission has not been sought (Matter of Rothko, 71 Misc.2d 320, 336 N.Y.S.2d 130, mod. and aff'd 40 A.D.2d 965, 338 N.Y.S.2d 854.) The more recent (1974) allegations by the petitioners accuse the respondents Marlboroughs, and have for this aspect added Francis K. Lloy......
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Reis v. Comm'r of Internal Revenue (In re Estate of Reis)
...N.Y.S.2d 911 (1973). Estate of Rothko, 71 Misc. 2d 320, 336 N.Y.S.2d 130 (Surr. Ct., N.Y. County 1972), modified and affd. 40 A.D.2d 965, 338 N.Y.S.2d 854 (1972). Estate of Rothko, 71 Misc. 2d 74, 335 N.Y.S.2d 666 (Surr. Ct., N.Y. County 1972), affd. 43 A.D.2d 819, 351 N.Y.S.2d 940 (i974). ......
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Estate of Rothko
...855; 71 Misc.2d 74, 335 N.Y.S.2d 666, affd. 43 A.D.2d 819, 351 N.Y.S.2d 940; 71 Misc.2d 320, 336 N.Y.S.2d 130, mod. and affd. 40 A.D.2d 965, 338 N.Y.S.2d 854; 73 Misc.2d 548, 342 N.Y.S.2d 220, revd. 42 A.D.2d 558, 345 N.Y.S.2d 567, mot. for lv. to app. dism. 33 N.Y.2d 822, 350 N.Y.S.2d 911,......
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Rothko's Estate, In re
...by the decedent and owned by him at death. (Estate of Rothko (Midonick, S.), 71 Misc.2d 320, 336 N.Y.S.2d 130, affirmed 40 A.D.2d 965, 338 N.Y.S.2d 854.) In this stance the Foundation is joined by these two executors. A third executor argues that those paintings which were used for decorati......