The Closing Days of 2020

February 01, 2021

As the year 2020 comes to an end, we stop to remember the trials and tribulations of days past, and look forward both personally and professionally to better times for us all in 2021. With that said, we begin 2021 with some of the more interesting decisions that concluded last year.

Electronic Discovery Authorized.
In In re Meixsell, NYLJ, Dec. 3, 2020, at 23 (Sur. Ct. Bronx County), the Surrogate’s Court, Bronx County, was confronted with a motion, pursuant to CPLR 3126, by the petitioner, the nominated executor under the propounded will, to dismiss the objections to probate filed by the decedent’s brother and sole distributee of his estate, as a result of his failure to submit to an examination before trial. In opposition to the motion, the objectant maintained that he was 91 years old, resided in Florida, and had been diagnosed with cancer. Annexed to his papers was an affidavit from his treating oncologist indicating that the objectant should not travel to New York given his health and high risk of contracting COVID-19. In view thereof, the objectant offered to be deposed in Florida via video conference. The petitioner replied arguing, inter alia, that absent a stipulation of counsel no basis existed for the court’s ordering a deposition in Florida pursuant to CPLR 3113(d).

Ilene Sherwyn Cooper is a partner with Farrell Fritz, P.C. in Uniondale, where she concentrates in the area of trusts and estates.

Reprinted with permission from New York Law Journal, Monday, February 1, 2021, Vol 265 – No. 20.

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