IN THE MATTER OF ESTATE OF FRANCIS


19 Misc.3d 536 (2008)

853 N.Y.S.2d 245

In the Matter of the Estate of FRANCES E. FRANCIS, Deceased.

Surrogate's Court, Westchester County.

March 5, 2008.


Attorney(s) appearing for the Case

McCullough, Goldberger & Staudt, LLP, White Plains (Ruth F.-L. Post of counsel), for petitioner.

Piscionere & Nemarow, P.C., Rye (Anthony G. Piscionere of counsel), for respondent.


OPINION OF THE COURT

ANTHONY A. SCARPINO, JR., S.

This discovery proceeding presents a novel question whether an exoneration clause in a power of attorney is enforceable.

Pending before the court is a motion for summary judgment by the administrator of the estate of Frances E. Francis (decedent) against respondent Donald Maloney, as an attorney-in-fact. Petitioner seeks the turn over of decedent's assets, to set aside a tenancy agreement and for...

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