In re the Accounting of Rubin

John D. Bennett, S.

To understand the nature of the motion now before this court, it is necessary to review the history of this proceeding.

One Murray Lipton filed a claim against this estate, which claim was rejected, certain reasons for the rejection being stated. As to some of the items of the claim, the executors stated that the transaction was usurious.

Thereafter Murray Lipton petitioned to compel the executors to account alleging that he was a creditor. The executors interposed an answer stating that petitioner was not a creditor. On the authority of Matter of Eisenberg (279 App. Div.…