MATTER OF WATSON


35 A.D.2d 933 (1970)

In the Matter of the First Intermediate Accounting of Theodore S. Watson et al., Under an Agreement of Trust Made by Edward L. White, Deceased. Theodore S. Watson et al., as Executors of Edward L. White, Deceased, Appellants-Respondents; Jay Slonim, as Guardian ad Litem of E. Laurence White, III, and Another, Infants, Respondent-Appellant

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

December 15, 1970


The petitioners' motion to dismiss the objections of the guardian ad litem was properly denied. Special Term had before it a motion pursuant to CPLR 404 (subd. [b]), 3211 (subd. [a], par. 7) and 3211 (subd. [b]), limitedly designed to test the sufficiency of the pleadings. If the court chose to treat the submission as a motion for summary judgment, on an issue of such large consequences, the court should have given the petitioner an opportunity to submit affidavits in response...

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