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MATTER OF MALASKY

302 A.D.2d 761 (2003)

754 N.Y.S.2d 915

In the Matter of a Trust Created by HARRY D. MALASKY, Deceased. MARION MALASKY et al., as Trustees of a Trust Created by HARRY D. MALASKY, Deceased, Respondents; CHARLOTTE R. MALASKY et al., Respondents, and PHILIP MANN, Appellant.

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

Decided February 20, 2003.

Rose, J.

This proceeding, which concerns a joint revocable living trust, has been before this Court on two prior occasions (290 A.D.2d 631; 275 A.D.2d 500). On October 13, 2000, Surrogate's Court granted petitioners' motions for preclusion based on respondents' failure to comply with an earlier discovery order and summary judgment dismissing many of respondents' objections. Although petitioner...

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