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MATTER OF LEOPOLD

232 A.D.2d 490 (1996)

648 N.Y.S.2d 334

In the Matter of Marvin Leopold, Deceased. Honey Leopold et al., Appellants; Estelle Leopold, Respondent

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

October 15, 1996

Ordered that the order is reversed insofar as appealed from, as a matter of discretion, without costs or disbursements.

We disagree with the Surrogate's Court that the conduct of Allen H. Weiss (an attorney) in opposing Estelle Leopold's application to exclude his client (Honey Leopold) from Estelle Leopold's examination before trial (hereinafter EBT) was frivolous conduct within the meaning of 22 NYCRR 130-1.1 (c). Such...

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