Legal Opinion
In re Thomas
New York Surrogate's Court
Decided April 16, 2010PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Eugene E. Peckham, J.
John M. Thomas, as administrator c.t.a. of this estate, has petitioned the court pursuant to SCPA 1809 to determine the validity of two claims filed under SCPA 1803 by Fahime “Lily” McLaughlin, former spouse of decedent. Before the court is a motion to dismiss the claims as barred by the statute of limitations and for summary judgment under CPLR 3211 (a) (5) and 3212.
Decedent died domiciled in Endicott, New York on June 30, 2005. His will was admitted to probate by this court on August 29, 2007. John and Fahime “Lily” McLaughlin were divorced in…
2Cases cited29 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Sillman v. Twentieth Century-Fox Film Corp.New York Court of Appeals · 1957
- Auten v. AutenNew York Court of Appeals · 1954
- Matter of Allstate Ins. Co.(stolarz-Njm)New York Court of Appeals · 1993
- Phillips v. Joseph Kantor & Co.New York Court of Appeals · 1972
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3Cited by1 opinion
- In re the Estate of McLaughlinAppellate Division of the Supreme Court of the State of New York · 2010