MATTER OF KOPET

2016-01866. File No. 14-378779/F, G, I.

164 A.D.3d 588 (2018)

81 N.Y.S.3d 538

2018 NY Slip Op 05678

In the Matter of Howard Kopet, Deceased. Ellen Werther, Respondent; David Gerstein, Appellant.

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

Decided August 8, 2018.


Ordered that the order is reversed insofar as appealed from, on the facts and in the exercise of discretion, with costs payable by the estate, and the motions of Ellen Werther to disqualify Nancy Stone, Robert Churchill, and the law firm of Eaton & Van Winkle, LLP, from representing David Gerstein are denied.

Howard Kopet (hereinafter the decedent) died domiciled in Nassau County on February 18, 2014, at the age of 90. He was survived by his wife of 40 years,...

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