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Articles Posted in Probate & Estate Litigation

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Court Decides Executrix Commissions

n a proceeding for ancillary probate of the will of decedent, which will, it is alleged, has been admitted to probate in the Republic of Mexico, the nation in which decedent was domiciled at the time of his death. The application indicates that decedent possessed real property in both Bronx…

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Court Discusses Issues Related to Filing of Notice of Election

This is an application for an order relieving the petitioner of her default in filing her notice to take an elective share as decedent’s surviving spouse within the time provided and extending her time to file the notice of election. The question presented is whether the provision in EPTL 5-1.1-A…

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Petitioner Claims Decedent Lacked Capacity in Will Contest Action

The decedent, a former court reporter, died at the age of 78 following an almost two-week hospitalization. The propounded instrument was executed one day prior to the decedent’s death, while he was hospitalized. A New York Probate Lawyer said the amended probate petition indicates that the decedent’s distributees are four…

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Court Discusses Criminal Intention in Will Forgery Case

This was a certiorari case filed before the court by the petitioner, a former war veteran, who was charged and indicted for conversion of government property. A New York Probate Lawyer said the large tract of Michigan land was used by government for practice bombing range where the Air Force…

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Plaintiff Petitions for a Rent-Stabilized Lease and Lease Renewal in Perpetuity

This is an action for breach of an illegal oral contract to issue plaintiff a rent-stabilized lease and lease renewals, in perpetuity. The complaint filed in April 2004 asserts a right to a renewal lease under a tenancy created by a purported 1992 verbal agreement with defendant landlord’s principal. A…

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Defendants Fail to Establish Prima Facie Case for Summary Judgment

Two cases were brought before the court for resolution. In the first case: A New York Probate Lawyer said that on 24 July 2006, the Supreme Court of New York County rendered judgment granting the defendant’s motion for summary judgment only to the extent of precluding plaintiff from asserting any…

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Court Discusses Public Policy Concerns Regarding Rent Stablization

A New York Probate Lawyer said this is an action for breach of an illegal oral contract to issue plaintiff a rent-stabilized lease and lease renewals, in perpetuity. The complaint filed in April 2004 asserts a right to a renewal lease under a tenancy created by a purported 1992 verbal…

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Court Hears Action for Ejectment

Two cases were brought before the court for resolution. In the first case: On 24 July 2006, the Supreme Court of New York County rendered judgment granting the defendant’s motion for summary judgment only to the extent of precluding plaintiff from asserting any claims for legal fees incurred in the…

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Court Discusses Labor Law Issue

The defendant third-party plaintiff, corporation-one, owned real property where it was building a group of town houses. It hired the third-party defendant, corporation-two, to perform carpentry work and hired the defendant corporation-three to perform roofing work. A New York Probate Lawyer said the plaintiff, an undocumented alien, was an employee…

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