Legal Opinion
In re the Estate of Fasciglione
Appellate Division of the Supreme Court of the State of New York
Decided May 4, 2010PublishedCited by 15 opinions
1Opinion of the Court
In a contested probate proceeding, the proponent appeals from an order of the Surrogate’s Court, Westchester County (Scarpino, S.), dated July 24, 2009, which denied as premature, without prejudice to renew, his motion for summary judgment dismissing the objections and admitting the decedent’s will to probate, and for the imposition of costs and sanctions upon the objectant.
Ordered that the order is affirmed, with costs payable by the estate.
A party opposing summary judgment is entitled to obtain further discovery when it appears that facts supporting the opposing party’s position may exist…
2Cases cited4 opinions
- Groves v. Land's End Housing Co.New York Court of Appeals · 1992
- Juseinoski v. New York Hospital Medical Center of QueensAppellate Division of the Supreme Court of the State of New York · 2006
- Urcan v. CocarelliAppellate Division of the Supreme Court of the State of New York · 1996
- In re JacintoAppellate Division of the Supreme Court of the State of New York · 1991
3Cited by15 opinions
- Family-Friendly Media, Inc. v. Recorder Television NetworkAppellate Division of the Supreme Court of the State of New York · 2010
- James v. Aircraft Service International GroupAppellate Division of the Supreme Court of the State of New York · 2011
- Nicholson v. BaderAppellate Division of the Supreme Court of the State of New York · 2011
- Schlichting v. Elliquence Realty, LLCAppellate Division of the Supreme Court of the State of New York · 2014
- Daniels v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2014
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