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Matter of Boyce

Appellate Division of the Supreme Court of New York, First Department
Nov 25, 1969
33 A.D.2d 678 (N.Y. App. Div. 1969)

Opinion

November 25, 1969


Orders entered in the Surrogate's Court, New York County, on March 18, 1969 and April 4, 1969, denying petitioner's motions to dismiss the affirmative defenses and counterclaims of respondents, unanimously affirmed, with $50 costs and disbursements to all parties filing briefs payable out of the estate. In affirming, we but subscribe to the view of the Surrogate to permit the defenses and counterclaims to stand at this stage of the proceedings because it is not "desirable to attempt to decide this case or aspects of it on pleadings before the facts have been fully explored." The appeals from the three orders entered March 18, 1969, granting examination of the petitioner and of a witness, are dismissed as moot, without costs and without disbursements, the depositions of both individuals having been completed.

Concur — Stevens, P.J., Eager, Tilzer, Nunez and Steuer, JJ.


Summaries of

Matter of Boyce

Appellate Division of the Supreme Court of New York, First Department
Nov 25, 1969
33 A.D.2d 678 (N.Y. App. Div. 1969)
Case details for

Matter of Boyce

Case Details

Full title:In the Matter of the Estate of MARGUERITE K. BOYCE, Deceased. VICTOR R…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 25, 1969

Citations

33 A.D.2d 678 (N.Y. App. Div. 1969)