MATTER OF KUSTER


12 Misc.2d 239 (1956)

In the Matter of The Estate of Herbert C. Kuster, Deceased.

Surrogate's Court, Nassau County.

June 7, 1956.


Attorney(s) appearing for the Case

Barry & Passalaqua for petitioner.

Morsch & Wieboldt for respondents.


JOHN D. BENNETT, S.

In this discovery proceeding (Surrogate's Ct. Act, §§ 205, 206) a demand for a bill of particulars was served on the petitioner. Instead of following the procedure required by rule 115 of the Rules of Civil Practice, the petitioner returned the demand. Thereupon the respondents, instead of moving for a preclusion order as provided in rule 115, now move for an order requiring the...

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