Two massive storms and a hotly contested election have certainly kept New York in a whirlwind over the past two months, distracting many of us from our routines. Indeed, for some, the onslaught has been daunting. As we are now attempting to regain some normalcy to our days, so, too, is the court system, which continues to promote justice in what has proven to be an all too difficult time for New Yorkers. Indeed, like most New Yorkers, the court system remains resilient and stays the course. Consider the following.
Asbestos Exposure
In a proceeding by the petitioner, the decedent’s son, for construction of the decedent’s will, respondent, Weitz & Luxemburg, moved to amend its pleadings in order to assert the affirmative defenses of statute of limitations, laches, waiver and estoppel based upon facts discovered after the filing of its original answer. Respondent also moved for summary judgment on the construction of the decedent’s will. Both motions were opposed by the petitioner, who maintained that leave to amend would be prejudicial, untimely and meritless, and that triable issues of fact existed precluding summary relief.
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