In re the Estate of Marks

In a proceeding in which the executors’ proposed sale of real property has been judicially approved (Matter of Marks, 28 A D 2d 851, affd. 21 N Y 2d 999), the distributees appeal from two orders of the Surrogate’s Court, Nassau County, dated November 21, 1968 and May 16, 1969, respectively, (1) the first denying a motion (a) to stay further proceedings by the executors relating to the sale and (b) to withdraw the judicial approval of the sale, and (2) the second denying a motion to direct the executors to cancel the contract of sale because of the buyer’s failure to perform. Orders reversed,…