Legal Opinion
In re the Estate of Alpert
Appellate Division of the Supreme Court of the State of New York
Decided December 17, 1996PublishedCited by 3 opinions
1Opinion of the Court
—Order, Surrogate’s Court, New York County (Eve Preminger, S.), entered on or about April 10,1996, which denied motions to dismiss the petitions, unanimously affirmed, with costs.
Without evaluating the ultimate merits of the case, liberally construing the pleadings in favor of petitioners, and mindful that a claim should not be dismissed if a cause of action can be discerned, no matter how poorly stated (see, McGill v Parker, 179 AD2d 98, 105), we agree with the Surrogate that neither set of pleadings is ripe for dismissal at this early stage. The issue of illegality, raised to the present…
2Cases cited6 opinions
- McGill v. ParkerAppellate Division of the Supreme Court of the State of New York · 1992
- Muscarella v. MuscarellaAppellate Division of the Supreme Court of the State of New York · 1983
- Maynor v. PellegrinoAppellate Division of the Supreme Court of the State of New York · 1996
- In re the Estate of ZilkhaAppellate Division of the Supreme Court of the State of New York · 1991
- In re the Estate of O'RourkeNew York Surrogate's Court · 1994
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- In Re FischerDistrict Court, E.D. New York · 2004
- Renk v. RenkAppellate Division of the Supreme Court of the State of New York · 2022
- Renk v. RenkAppellate Division of the Supreme Court of the State of New York · 2022