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Court Decides Contested Probate Proceeding


Queens Probate 25

This is a case being heard in the Appellate Division of the Supreme Court of the State of New York, Second Department. The case involves a contested probate proceeding. The proponent is appealing an order that was made in the Surrogate’s Court of Westchester County. The order is dated the 24th of July, 2009 and denied the proponent a motion for summary judgment on the ground that it was premature. The order was made without prejudice with the opportunity to renewed.

Case Discussion and Decision

A New York Probate Lawyer said at the time the proponent filed his motion for summary judgment the two week court ordered period for depositions had not yet been completed. The objectant in the case had not been given the opportunity to complete her depositions of non party witnesses and had not received all of the documents that had been requested from the proponent.

The court finds that the Surrogates Court was correct in denying the proponents motion as premature, without prejudice for renewal. The order is hereby affirmed and costs are payable by the estate.

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