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Court Determines Motion for Summary Judgment is Premature


This matter is being heard in the Second Department, Appellate Division of the Supreme Court of the State of New York. This is a contested probate proceeding involving the deceased. The appellant, is appealing an order that was made by the Surrogates Court of Westchester County. The order was dated the 24th of July, 2009 and denied his motion for summary judgment as premature. A New York Probate Lawyer said the order dismissed his objections to admit the will for probate. He was also imposed with costs and sanctions.

Court Discussion

When a summary judgment is denied the party is entitled to further discovery when it is apparent that there may be facts to support the opposing party’s position, but they cannot be stated at that particular point in time.

When the motion was filed for summary judgment the court order for completion of depositions had not expired and the objectant was not given an appropriate amount of time to complete her depositions for non party witnesses. All documents had not been received at the time of the motion. For this reason Brooklyn Probate Lawyers said it is felt that denying the summary judgment as premature was the correct course of action.

Court Decision

When reviewing the facts of the case the court is affirming the original order made by the Surrogates Court in Westchester County. It is found that it was the appropriate decision as the motion was made prematurely. The costs of the proceedings will be paid by the estate.

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