Will of Soluri

Trusts and Estates

New York Law Journal


Surrogate Edward McCarty III

Proponent moved to strike objections filed by decedent Soluri's paternal cousins. Neighbor and executor Young filed for probate with a list of assets reflecting a nearly $1.5 million estate. Objections were filed on behalf of 14 of Soluri's 17 distributees. The court noted in order for proponent's motion to be granted, movant must establish the conduct of objectants in failing to comply with discovery demands was both willful and contumacious. Objectants' counsel argued his clients substantially complied with discovery demands. The court stated five out of 14 parties appearing for deposition with incomplete interrogatories cannot be said to constitute substantial compliance. The court further denied counsel's request to permit interrogatories or teleconference in place of deposition. It denied the motion to strike against eight objectants on the condition they appear for deposition in Nassau County within 60 days of the decision and submit complete responses to interrogatories, denied the motion regarding two others, and allowed teleconference for one infirm objectant.

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