X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

DECISION/ORDER

*1The court has before it a motion in which movant, Edward J. Dutton (“Edward” or “movant”), decedent’s son and the objectant in the underlying accounting proceeding, seeks to compel discovery pursuant to CPLR §§3214 and 3216. In response thereto, petitioner in the accounting proceeding, Miles Dutton (“Miles” or “respondent”), also decedent’s son and one of decedent’s five children, filed a cross-motion in which he requests that Edward’s objections in the accounting proceeding be dismissed, and in which he only obliquely responds to some of Edward’s discovery demands. For the reasons stated herein, Edward’s motion to compel discovery is granted in part and denied in part and Miles’ cross-motion for summary judgment is denied. In making these determinations, the court has considered the “Affirmation [sic] in Support of Motion” of Edward; the “Affirmation” in support of cross-motion for summary judgment of Jaren M. Fernan, Esq., one of Miles’ attorneys; the “Affidavit” of Justin N. Lite, Esq., also an attorney for Miles; and the “Affidavit in Opposition to Respondent’s Cross-Motion for Relief Under CPLR 3212″ of Edward.BackgroundDecedent died on April 10, 2015 leaving a last will and testament dated April 18, 1983 and a codicil dated June 9, 1989 which were admitted to probate by decree of this court dated November 23, 2015 (collectively, the “will”). Letters testamentary issued to Miles on November 25, 2015. Miles filed his account on July 12, 2016; “Waiver of Citation and Consent in Accounting” forms from decedent’s other three children were filed on that date.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More

The University of New Mexico (UNM) (https://www.unm.edu/) is seeking nominations, inquiries, and applications for the position of General Co...


Apply Now ›

Maslon LLP is seeking attorney candidates with 4-6 years of experience to join its Insurance Coverage Team. Maslon s Insurance Recovery Grou...


Apply Now ›

New York-based indie music company seeks full-time litigation attorney. Must have 2 years music business experience. Must be admitted to S...


Apply Now ›
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›