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MATTER OF ELMEZZI

File No. 339663, 2013-03566.

124 A.D.3d 886 (2015)

In the Matter of THOMAS ELMEZZI, Deceased. STEPHEN J. SAFT et al., Respondents; ENRIQUE C. MOLINA, Appellant.

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

Decided January 28, 2015.

Ordered that the order is affirmed insofar as appealed from, with costs.

The decedent Thomas Elmezzi died on October 3, 2005. The coexecutors of the decedent's estate petitioned pursuant to SCPA 2103 to discover and recover substantial property allegedly held by the respondent Enrique C. Molina, which belongs to the decedent's estate. Molina moved for summary judgment dismissing the petition insofar as asserted against him. The Surrogate's Court, inter alia, denied...

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