In re the Estate of Moritz

John D. Bennett, S.

The petitioner in a discovery proceeding originally sought to examine one of the executors, Samuel J. Moritz, in his representative and individual capacities by notice of examination. The respondent moves to vacate the notice of examination, asserting among other things, that the petitioner failed to proceed, in the first instance, by notice of motion as required where a witness is to be examined (see Augenblick v. Augenblick, 203 Misc. 360; Shoreham Operating Corp. v. Peyster, 7 Misc 2d 100). The petitioner now by way of a cross notice of motion seeks the relief initially…