Antonucci v. Estate of Raguso

—In an action, inter alia, to recover on a promissory note and to recover damages for breach of contract, the defendants appeal, as limited by their brief, from so much of an order of the Surrogate’s Court, Westchester County (Emanuelli, S.), dated May 7, 1998, as denied that branch of their motion which was to preclude Frank Raguso from testifying at trial.

Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the defendants’ contention, the Surrogate’s Court providently exercised its discretion in denying that branch of their motion which was to preclude the…