In re the Estate of Adler

Appellate Division of the Supreme Court of New York

In re the Estate of Adler

262 A.D.2d 406, 689 N.Y.S.2d 657, 1999 N.Y. App. Div. LEXIS 6362

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 7, 1999

StatusPublished

This text of 262 A.D.2d 406 (In re the Estate of Adler) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Estate of Adler, 262 A.D.2d 406, 689 N.Y.S.2d 657, 1999 N.Y. App. Div. LEXIS 6362 (N.Y. Ct. App. 1999).

Pincite

Opinion

—In a proceeding pursuant to SCPA 1809 to determine the validity of claims against the estate of the deceased, Alfred Adler, the petitioners appeal from an order of the Surrogate’s Court, Westchester County (Emanuelli, S.), entered November 9, 1998, which denied their motion for summary judgment on the petition.

Ordered that the order is affirmed, with costs payable by the appellants personally.

We agree with the Surrogate’s Court that triable issues of fact exist (see, CPLR 3212 [b]) as to whether the money paid to the decedent from the three subject trusts was in the nature of an advance distribution. Bracken, J. P., Thompson, Goldstein, McGinity and Schmidt, JJ., concur.

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—In a proceeding pursuant to SCPA 1809 to determine the validity of claims against the estate of the deceased, Alfred Adler, the petitioners appeal from an order of the Surrogate’s Court, Westchester County (Emanuelli, S.), entered November 9, 1998, which denied their motion for summary judgment on the petition.

Ordered that the order is affirmed, with costs payable by the appellants personally.

We agree with the Surrogate’s Court that triable issues of fact exist (see, CPLR 3212 [b]) as to whether the money paid to the decedent from the three subject trusts was in the nature of an advance distribution. Bracken, J. P., Thompson, Goldstein, McGinity and Schmidt, JJ., concur.

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Bluebook (online)

262 A.D.2d 406, 689 N.Y.S.2d 657, 1999 N.Y. App. Div. LEXIS 6362, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-adler-nyappdiv-1999.