Summary Judgement Motion in a Will Contest: An Updated Proponent’s Perspective

By: Gary E. Bashian, Esq.

A motion for summary judgment, pursuant to CPLR § 3212 or § 3211, is a powerful procedural tool that can end litigation immediately.

Summary judgment can deliver a swift and decisive victory on the outcome of a matter. It can limit the issues, or award the broadest types of relief by ending all claims. When granted, it can avoid years of potential litigation and expense.

But for all of its versatility, drafting a motion for summary judgment can be a daunting and complex undertaking. The facts (hopefully none in question), and the applicable law in every matter can make it difficult to identify issues with no triable issue of fact. Communicating them clearly to the Court so as to show that summary judgment should be granted is the challenge.

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Estate Litigation Tidbits Spring 2004

By: Gary E. Bashian & James G. Yastion

PRISONER ABLE TO CONTEST WILL EVEN WHERE GUARDIAN

AD LITEM APPOINTED FOR HIM SAYS NO REASONABLE OBJECTION

 

The Objectant in this probate proceeding in the Estate of Allan Gormely, N.Y.L.J., August 28, 2003, at 22, col. 2 (Surr. Ct. Kings Co.) was a prisoner for whom a guardian ad litem was appointed.   The issue was whether the Court should permit the prisoner to pursue his Objections, even where the guardian ad litem has found there to be no reasonable legal objection available.