Appellate Division of the Supreme Court of New York, 2000

In re the Estate of Tarka

Appellate Division of the Supreme Court of New York · Decided January 27, 2000

268 A.D.2d 396; 700 N.Y.S.2d 836; 2000 N.Y. App. Div. LEXIS 777

Cases that cite this one

2 later published cases cite this decision.

Kingston v. Breslin (Appellate Division of the Supreme Court of New York 2007)
In re the Estate of Levinson (Appellate Division of the Supreme Court of New York 2004)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—Order, Surrogate’s Court, New York County (Eve Preminger, S.), entered on or about December 3, 1998, which denied petitioner’s motion to vacate the note of issue and compel further discovery in a proceeding to fix fees for legal services rendered, unanimously affirmed, with costs.

*397Petitioner’s arguments concerning the note of issue procedure in Surrogate’s Court are without merit and her claim that the certificate of readiness should have been vacated because it contains misstatements is based upon her subjective view of the adequacy of respondent’s interrogatory answers and is not supported by the record, a review of which discloses that the Surrogate properly exercised her discretion in determining that discovery in the instant matter had been completed (see, Kaplan v Herbstein, 175 AD2d 200).

We have reviewed petitioner’s remaining contentions and find them unavailing. Concur—Nardelli, J. P., Ellerin, Saxe and Buckley, JJ.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.