ESTATE OF PETER J. MCPOLIN, A/K/A PETER JOHN MCPOLIN, JR., Deceased

ESTATE OF PETER J. MCPOLIN, A/K/A PETER JOHN MCPOLIN, JR., Deceased (14/268/A) — Walter Fisher Jr., the Petitioner herein, is a potential creditor of the estate of the decedent. Pursuant to SCPA 1809, he petitioned to determine the validity of his claim and, thereafter, moved for summary judgment alleging there are no triable issues of fact and that he, therefore, is entitled to recover a sum of $134,656.00 for fencing material he provided the decedent prior to his death. Petitioner's claim, duly presented to the fiduciary, was rejected which resulted in the filing of the instant petition and motion. A cross motion was made by the fiduciary, Mary McPolin, decedent's surviving spouse, in which she seeks to amend her answer and dismiss the Petitioner's claim.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

ESTATE OF PETER J. MCPOLIN, A/K/A PETER JOHN MCPOLIN, JR., Deceased (14/268/A) — Walter Fisher Jr., the Petitioner herein, is a potential creditor of the estate of the decedent. Pursuant to SCPA 1809, he petitioned to determine the validity of his claim and, thereafter, moved for summary judgment alleging there are no triable issues of fact and that he, therefore, is entitled to recover a sum of $134,656.00 for fencing material he provided the decedent prior to his death. Petitioner’s claim, duly presented to the fiduciary, was rejected which resulted in the filing of the instant petition and motion. A cross motion was made by the fiduciary, Mary McPolin, decedent’s surviving spouse, in which she seeks to amend her answer and dismiss the Petitioner’s claim.

Petitioner is in the business of selling fencing material to contractors. The decedent was a regular customer of his and it was a normal part of their business relationship for the decedent to have an outstanding balance, often sizable, for which he would pay the petitioner at a later date. Petitioner alleges that the decedent died owing him a sum of $134,656.00. The Respondent offers several defenses, some of which are that she possesses cancelled checks which should offset that amount, and that the estate is not the proper party, and that the claim should have been made against the corporate entity, and not the estate.

ESTATE OF PETER J. MCPOLIN, A/K/A PETER JOHN MCPOLIN, JR., Deceased

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to New York Law Journal