In re the Estate of Leary
New York Surrogate's Court
1Opinion of the Court
Delehanty, S.
The furnishing of particulars by petitioner is resisted on the ground that this is a proceeding in discovery in which petitioner asserts no bill of particulars may be ordered. This objection is overruled. Such bills are regularly required in such proceedings.
Objection is further made to the furnishing of the bill in advance of the completion of an examination sought by petitioner of the representatives of deceased. The court regards this type of proceeding as one in respect of which it may validly exercise its discretion to require the furnishing of a bill without regard to the
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2Cases cited1 opinion
- Zecchini v. MayerAppellate Division of the Supreme Court of the State of New York · 1921
3Cited by5 opinions
- In re the Estate of KusterNew York Surrogate's Court · 1956
- Levy v. GerstenCity of New York Municipal Court · 1949
- In re the Accounting of HellerNew York Surrogate's Court · 1954
- In re the Estate of GrotskyNew York Surrogate's Court · 1958
- In re the Estate of GuyAppellate Division of the Supreme Court of the State of New York · 1949