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…
Articles Posted in Queens
Probate Court Reverses Summary Judgment
The order of the Appellate Term of the Supreme Court which reversed a judgment of the New York County Civil Court in tenant’s favor was unanimously reversed, on the law and the facts, without costs, and the landlord’s petition is dismissed. A New York Probate Lawyer said the evidence presented…
Court Determines How Residuary Bequest Shall Be Made
Two probate proceedings were brought before the court for resolution. A New York Probate Lawyer said in the first case, the Court was required to determine the manner in which payment of the residuary bequest shall be made. As provided for under the will’s eleventh article, the residuary estate was…
Executor of Will Sued
In a probate proceeding, the petitioner woman appeals from an order of the Surrogate’s Court dated October 16, 2007, as, after a hearing, granted those branches of the motion of the opponent man, which were to disqualify the petitioner from serving as executor for the estate of a woman and…
Court Interprets Labor Law Sect. 240(1)
In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Suffolk County (Whelan, J.), entered September 2, 2009, which, upon a jury verdict, and upon the granting of the motion of the defendant Swiss Ranch Estates, Ltd., in effect, pursuant to…
Petitioner Claims Undue Influence in Estate Litigation Case
The Facts of the Case: On 18 October 2007, a decedent died and is survived by his daughter-one and his granddaughters, A and B, the children of predeceased daughter-two, as his sole distributes. The decedent’s wife had predeceased him in September 2003. After the death of the decedent, the petitioner…
Court Rules on Complex Will Contest Case
The Facts of the Case: On 2 October 2005, a resident of Sands Point died with a will dated 6 June 1996. He is survived by his wife, his children, A, B and C, and his granddaughter, X, the infant daughter of a predeceased son, D. On 21 September 2006,…
Plaintiff Seeks Summary Judgment in Property Dispute
Defendant Neptune Estates, LLC (“Neptune”), owner of 380 Neptune Avenue, Brooklyn,, NY (“Property”), entered a contractor’s agreement with defendant Big Poll Construction, Inc. (“Big Poll”) whereby Big Poll would act as the general contractor on a construction project on the Property (“Project”). In February 2009, plaintiff entered two subcontractor agreements…
Respondent Claims Right to Letters of Administration
This is a matter being held in the Second Department, Appellate Division of the Supreme Court of the State of New York and involves the probate of a will. The petitioner is appealing an order that was made in the Surrogate’s Court of Queens County on the 12th of January,…
Petitioner Claims Will Signed Under Undue Influence
This is a matter dealing with the probate of an estate. The case is being heard in the Second Department, Appellate Division, of the Supreme Court of the State of New York. The petitioner is appealing an order that was made in the Surrogates Court of Queens County. The order…