MATTER OF KOTICK v. SHVACHKO

15074, 1202/05

130 A.D.3d 472 (2015)

14 N.Y.S.3d 8

2015 NY Slip Op 06011

In the Matter of ROBERT KOTICK, Appellant-Respondent, v. NATALIA SHVACHKO, Respondent-Appellant. MARGARITA SHVACHKO et al., Nonparty Respondents.

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

Decided July 9, 2015.


Petitioner, the executor of the last will and testament of the decedent, Charles M. Kotick, brought the instant SCPA 1805 application for permission to pay himself the sum of $1,077,000 plus interest that the decedent allegedly owed him. The debt is allegedly evidenced by a promissory note in the said amount that was executed by the decedent on March 11, 2005, 10 days before he died of prostate cancer.

"The elements of...

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