This is an appeal case being heard in the Second Department Appellate Division of the Supreme Court. The plaintiffs in the case are James P. Johnson III, et al. The defendant in the case is Murray Berger. The case also has Neil R. Gerst et al., as third party defendants,…
Articles Posted in Probate & Estate Litigation
Court Orders Preliminary Letters Testamentary
This is a probate proceeding for the will of the deceased Stuart L. Ain. The case is being heard in the Surrogates Court of the city of New York located in Nassau County. The case is being overheard by Judge John B. Riordan. Probate Proceeding Stuart Ain, the decedent passed…
Plaintiff Filed Objection to Probate of Will
Suffolk Probate 13 The plaintiff in this case is Rachel Kuncman. The defendants in the case are Steven A. Sherman, American Portfolios Financial Services, Inc., the Abraham Salomon and Tobi Weinstein estates both individually ans as the executrix of the Abraham Salomon estate. The case is being heard in the…
Respondent Claims Petitioner Lacks Standing
A 19 years old woman was at the hotel located at Staten Island, New York. The said hotel is approximately one half mile from the woman’s residence where she resided with her mother. While at the hotel, the woman made her way to the roof of the hotel where she…
Daughter Contests Father’s Will
In a proceeding, a daughter of a deceased man filed a motion for a decision without trial and objected the petition for probate of her father’s will. The petition was brought by the sister of deceased man and the nominated estate administrator under the last will and testament. The last…
An Estate Administrator Seeks to Bar Property Transfer
A deceased wife, who owned a property at Brooklyn, has taken sole title as an occupant by the entirety following the death of her husband. The day after the death of the wife, a woman performed a deed whereby she allegedly conveyed, as the estate administrator and titled the property…
Guardian ad Litem Contends Court Lacks Jurisdiction
In this proceeding for leave to compromise an action for wrongful death and conscious pain and suffering, the decedent was survived by his wife and two children all of whom presently reside in Ecuador. A New York Probate Lawyer said the decedent died as a result of injuries he sustained…
Court Says Testator has Right to Choose Who Settles Their Estate
In a probate proceeding, a New York Probate Lawyer said that the petitioner, Joanne Zaccaria, appeals from so much of a decree of the Surrogate’s Court, Kings County, denied that branch of her cross motion which was for the issuance of preliminary letters testamentary to her for the estate of…
Court Decides Executor Commission
In a probate proceeding case, the decedent died on July 3, 2003, leaving a will dated November 22, 1971. The petitioner-executor was an attorney admitted to practice in this state and drafted the will offered for probate. Thereafter he maintained limited contact with the decedent. A New York Probate Lawyer…
Court Decides Sales Tax Question
The Facts: On 20 December 1979, the Audit Division of the State Tax Commission issued a Notice of Determination and Demand for Payment of Sales and Use Taxes Due for the period 1 June 1976 through 31 August 1979. Petitioner filed a petition for revision of that determination and for…