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Matter of the Estate of Salas

Movant Denied Motion to Dismiss Probate Petition Under CPLR 3126, Spoliation Claims

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*1 In this contested probate proceeding, the parties are involved in a pre-1404 discovery dispute. Paul S. Forster, Esq., counsel for Cynthia Salas (“movant”) filed a motion on November 25, 2015 seeking that the petition for probate dated February 24, 2015 be dismissed pursuant to CPLR 3126(3) and spoliation. On April 26, 2016, an Affidavit in Opposition was filed on behalf of Dana L. Giammanco as nominated executrix (“fiduciary/respondent within motion”) by Simonson & Cohen, LLP. Dana L. Giammanco, individually, is also represented by Daniel M. Ajellio, Esq. Rebecca Salas-Groves, a distributee of the decedent and beneficiary under the purported Last Will and Testament, is represented by Kuhn, O’Toole & Maietta, LLP who have appeared in this matter and advised the court that their client does not take any position in this matter, nor will they be filing any opposing or supporting papers.Arguments were heard before this court on June 7, 2017, August 16, 2017 and November 15, 2017 on the motion and emergency affirmation and reply filed with this court, and the matter was marked decision reserved.

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