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MATTER OF TORCZYNER

286 A.D.2d 609 (2001)

730 N.Y.S.2d 227

In the Matter of the Estate of HARRY TORCZYNER, Deceased. GARY B. FREIDMAN, Respondent; STEPHEN L. WEINER, Appellant, and DENISE WISEMAN et al., Respondents.

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

Decided September 18, 2001.

On this appeal, appellant asserts that Surrogate's Court should have permitted him to conduct discovery so as to substantiate his claim that decedent lacked capacity to execute the relevant codicil. While we express no view on the ultimate merit of his claim, on the record presented, appellant set forth a sufficient factual predicate to warrant...

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