MATTER OF MERCER

File No. 211 P 2008/D, 2015-07466.

141 A.D.3d 594 (2016)

35 N.Y.S.3d 692

In the Matter of NORMAN J. MERCER, Deceased. BNY MELLON, N.A., et al., Appellants; HOWARD MERCER et al., Respondents.

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

Decided July 13, 2016.


Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the petitioners' motion which was for summary judgment dismissing the objections insofar as they are based upon transactions or valuations made by the petitioners prior to November 24, 2009, and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.

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