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New York County, Surrogate's Court: December 7, 2018

New York County, Surrogate's Court:December 7, 2018

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Surrogate AndersonESTATE OF ALLAN LANDIS, PLAINTIFF V. 383 REALTY CORP., BUNITA L. WEINER, THE ESTATE OF BUNITA WEINER, EPHRAIM BULOW AS TRUSTEE OF THE SALLY CARRUBBA TRUST, AND SALLY CARRUBBA, DEFENDANTS, Deceased, (17-1388/B) — In this contested contract action transferred from the Supreme Court (New York County), the complaint seeks a judgment for damages on breach of contract and other grounds. The action was transferred to this court as a matter involving a decedent’s estate, which is one of the defendants. Before the transfer, various decisions on motions and cross-motions were entered in the Supreme Court. One of those decisions, entered on July 31, 2017, dismissed a cause of action raised in the complaint and denied plaintiff’s cross-motion for summary judgment on all of the complaint’s remaining causes of action (the decision also directed the parties to complete discovery by a specified date, set motion deadlines and a trial date).The present motion by plaintiff was filed in this court even before the records in the contract action had been received from the Supreme Court. Eventually, when those records were received, this court’s review disclosed a disquieting fact: the premise of plaintiff’s present motion is that the merits of all of plaintiff’s causes of action can be determined in his favor on the paper record alone, i.e., summarily. Thus, plaintiff in effect is asking this court to ignore the fact that the substance of his motion was already squarely decided against him in the Supreme Court’s denial of his cross-motion for summary judgment. The present motion is therefore denied.The parties will be contacted with a date to attend a pre-trial conference.This decision constitutes the order of the court.Dated: December 6, 2018

ESTATE OF GEORGE S. KAUFMAN, Deceased, (18-711/F) — At the call of the calendar, this unopposed motion by decedent’s spouse for an advance payment on account of her interest in the estate was granted.This decision constitutes the order of the court.Dated: December 6, 2018

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