Legal Opinion
In re the Estate of Pascale
New York Surrogate's Court
Decided June 25, 1996PublishedCited by 2 opinions
1Opinion of the Court
*892OPINION OF THE COURT
Lee L. Holzman, J.
In this SCPA 2103 discovery proceeding, respondents, the two principals in a law firm, move under CPLR 3211 to dismiss the petition seeking damages against them for their alleged legal malpractice. The discovery petition alleges that decedent and her postdeceased husband Anthony had told movants that they had agreed not to revoke their wills and that the essentially reciprocal wills movants drafted for them, which were executed on May 25, 1983, failed to include the language required to make this agreement enforceable (see, EPTL 13-2.1 [b] [eff Sept. 1,…
2Cases cited9 opinions
- Prudential Insurance v. Dewey, Ballantine, Bushby, Palmer & WoodNew York Court of Appeals · 1992
- Viscardi v. LernerAppellate Division of the Supreme Court of the State of New York · 1986
- Estate of Spivey v. PulleyAppellate Division of the Supreme Court of the State of New York · 1988
- Victor v. GoldmanNew York Supreme Court · 1973
- Deeb v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1991
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Caldwell v. Hanes (In Re Hanes)United States Bankruptcy Court, E.D. Virginia · 1997
- In re the Estate of NobleAppellate Division of the Supreme Court of the State of New York · 2006