In re the Estate of Mendelson

John D. Bennett, S.

By notice of motion the respondent seeks to dismiss this discovery proceeding, the subject of which is a separation agreement allegedly in the possession of the respondent, an attorney of the decedent during his lifetime. The respondent, in his affidavit attached to the motion papers, among other allegations, states that he has an attorney’s lien on the “ duplicate original ” in his possession.

The motion papers state no grounds sufficient to sustain a dismissal of this proceeding. “ Such a proceeding should not be dismissed without adequate development of the facts and the…