To Move or Not to Move?

Tougher burdens complicate the decision to bring summary judgment motions in Surrogate's Court.

, New York Law Journal

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Mary E. Mongioi, counsel to Forchelli, Curto, Deegan, Schwartz, Mineo & Terrana, writes that while Surrogates have historically been unwilling to grant motions for summary judgment in the context of a will contest - a proceeding which, by its very nature, is fact driven - recent cases indicate that the pendulum may gradually be swinging in a different direction.

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