- Surrogate's Court, New York County
- 14/470 D
- Feb 10 2017 (Date Decided)
- Surrogate Anderson
ESTATE OF ALLAN CURRY, Deceased (14/470 D) — Petitioner's motion for leave to withdraw her note of issue filed in this proceeding is granted, and therefore, respondent's motion to vacate the note of issue is denied as moot. Respondent's cross-motion for costs and sanctions is denied, since respondent has not demonstrated that petitioner's motion was "frivolous" as defined by 22 NYCRR 130-1.1, which requires that such a motion: (1) be completely without merit; (2) have been undertaken to prolong the litigation, or to harass or injure another party; or (3) contain material factual statements. See 22 NYCRR 130-1.1(c)
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