Legal Opinion

In re the Estate of Heller

Appellate Division of the Supreme Court of the State of New York

Decided June 12, 1995PublishedCited by 1 opinion

1Opinion of the Court

In a proceeding pursuant to SCPA 2103 to discover property relating to a partnership in which the decedent and the respondent, David Heller, were partners, the petitioner, as preliminary executrix of the decedent’s estate, appeals from so much of an order of the Surrogate’s Court, Nassau County (Radigan, S.), dated June 3,1992, as denied her motion to compel discovery.

Ordered that the appeal is dismissed, with costs.

"An order denying a motion to compel a witness to answer questions propounded at an examination before trial is akin to *394a ruling made in the course of the examination itself and…

2Cases cited2 opinions

  1. Roberts v. ModicaAppellate Division of the Supreme Court of the State of New York · 1984
  2. Ewell v. MooreAppellate Division of the Supreme Court of the State of New York · 1987

3Cited by1 opinion

  1. Chevannes v. Lexington Garden AssociatesAppellate Division of the Supreme Court of the State of New York · 1999

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