The past several months have seen a variety of motions being made in the Surrogate’s Court seeking, among other things, summary judgment, dismissal, injunctive relief and discovery. While motion practice often heightens the hostility between the parties, it can also serve to streamline and eliminate issues provoking litigation. Consider the following.
Summary Judgment
In In re Newbold , NYLJ, Oct. 31, 2013, at p. 32 (Sur. Ct. Kings County), and In re Gleason Jr., NYLJ, Nov. 25, 2013, at p. 32 (Sur. Ct. New York County), the court was confronted with a motion for summary judgment in the context of a probate proceeding and accounting proceeding, respectively.
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