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MATTER OF JOHNSON

192 A.D.2d 859 (1993)

596 N.Y.S.2d 526

In the Matter of The Estate of Victor E. Johnson, Deceased. Gardner F. Werking, Jr., as Administrator of The Estate of Victor E. Johnson, Deceased, Respondent; Janet Handford, Appellant

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

April 15, 1993

In our view, Surrogate's Court properly exercised its discretion in refusing to vacate its prior unconditional order of preclusion and in granting petitioner's motion for summary judgment (see, Onorio v Miller, 143 A.D.2d 80; McGraith v Wehrung, 42 A.D.2d 825). On July 26, 1991, after respondent had filed her objections to the probate of decedent's will, petitioner served a demand...

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