MATTER OF BOYCE


33 A.D.2d 678 (1969)

In the Matter of The Estate of Marguerite K. Boyce, Deceased. Victor R. Wolder, Appellant; American Cancer Society et al., Respondents. (And Another Proceeding.)

Appellate Division of the Supreme Court of the State of New York, First Department.

November 25, 1969


In affirming, we but subscribe to the view of the Surrogate to permit the defenses and counterclaims to stand at this stage of the proceedings because it is not "desirable to attempt to decide this case or aspects of it on pleadings before the facts have been fully explored." The appeals from the three orders entered March 18, 1969, granting examination of the petitioner and of a witness, are dismissed as moot, without costs and without disbursements, the depositions of both...

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