NY State probate: is there a way to stop there summary judgement?

Question

It superceeds my motion for discovery. Mother and brother are trying to cheat me out of inheritance in my deceased dad's estate in his will. Mom wants this summary judgment to finish probate without her and my brother co-executives and co trustees to have to be deposed. They have stolen, cheated me, etc. Discovery could eaily show there was a conpiracy and collusion to defraud me, and that dad was incompetent and their attorney was complicit. Any cases? Can rules of court be suspended, bent? Are there cases where probate is held up until my request for discovery is finished and they are deposed?. They cross motioned via the summary judgment which is not allowing discovery to happen.

Answer 1

A motion for summary judgment can only be granted where there are no material facts in dispute. In other words, either both parties agree to the facts, or the facts being argued don't change the outcome.

If you can show the court that material facts remain in dispute, and that you can provide an offer of proof -- especially if you are awaiting discovery -- then the court will often either deny the summary judgment or at least postpone a decision until the discovery reveals more facts.

These are comple procedural tactics, that depend on proper citations to the law to support what you are asking -- which is why lawyers are a good idea.

Answer 2

Challenges of this sort in the New York courts - and summary judgment motions as well - are governed by the CPLR, the Civil Practice Law & Rules.

Given that these cases are invariably fact specific, case law is unlikely to help you, beyond the obvious, that summary judgment may not be granted unless no rational finder of fact could find in favor of one side or the other.