On October 14, 2015 the Law offices of Bashian & Farber, LLP were proud to host a live, 90 minute “webinar” presented by the New York State Bar Association entitled “Winning a Will Contest Using Medical Records to Support Lack of Capacity.”
Partners Gary E. Bashian and Irving O. Farber lectured in detail about the nature of Testamentary Capacity under New York law, the use of medical records to establish a Testator’s lack of capacity, and Continue reading
By: Gary E. Bashian, Esq.
When one thinks of Surrogate’s Court litigation,contested probate proceedings immediately come to
mind. While each of the objections to probate present unique challenges for any advocate, an objection based on a decedent’s lack of testamentary capacity can be particularly difficult.
However, it should come as no surprise that medical records are often the evidentiary key to establishing Continue reading
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.
Surrogate’s Summary Judgment Roundup – Very Interesting!
A Series of Recent Decisions from Surrogate’s Throughout Metropolitan New York, Further Highlight the Increased Use of Summary Judgment in the Courts.
Bashian & Farber, LLP 