In re the Probate of the Will of Steinberg

Appellate Division of the Supreme Court of New York

In re the Probate of the Will of Steinberg

19 A.D.2d 788, 243 N.Y.S.2d 52, 1963 N.Y. App. Div. LEXIS 3202

Appellate Division of the Supreme Court of the State of New York·Decided September 26, 1963·Published·Cited by 1 cases

Opinion

Order, entered on February 18, 1963, unanimously modified on the law and in the exercise of discretion, without costs, to deny the motion of contestants-respondents insofar as they sought to modify items (a) and (c) of the demand for bill of particulars. Said items of the demand should have been allowed to stand. The order provides that the bill of particulars shall be served following the completion of the examinations before trial; and the contestants should then be able to and be required to state the times when and the places where the acts constituting the alleged fraud and undue influence took place, and also the names of the person or persons alleged to have exercised or practiced [789] the same. (See Matter of Martin, 151 Mise. 93; Matter of Gordon, 6 N. Y. S. 2d 569, 570.) Concur — Botein, P. J., Breitel, Rabin, Eager and Steuer, JJ.

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Order, entered on February 18, 1963, unanimously modified on the law and in the exercise of discretion, without costs, to deny the motion of contestants-respondents insofar as they sought to modify items (a) and (c) of the demand for bill of particulars. Said items of the demand should have been allowed to stand. The order provides that the bill of particulars shall be served following the completion of the examinations before trial; and the contestants should then be able to and be required to state the times when and the places where the acts constituting the alleged fraud and undue influence took place, and also the names of the person or persons alleged to have exercised or practiced [789] the same. (See Matter of Martin, 151 Mise. 93; Matter of Gordon, 6 N. Y. S. 2d 569, 570.) Concur — Botein, P. J., Breitel, Rabin, Eager and Steuer, JJ.

In re the Probate of the Will of Steinberg, 19 A.D.2d 788, 243 N.Y.S.2d 52, 1963 N.Y. App. Div. LEXIS 3202 (N.Y. Ct. App. 1963).

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Opinion

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