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11 Jan 2011, 3:06 am
Judge Brian ZahraJustice Maura Corrigan’s resignation last week left an important vacancy at the [read post]
3 Feb 2017, 7:00 am
A nominated executor is obliged to secure estate assets even before the issuance of letters testamentary, or preliminary letters testamentary (see Matter of Schultz, 104 AD3d 1146 [4th Dept. 2013]). Courts have recognized that “an executor’s duties are derived from the will itself, not from the letters issued by the Surrogate” (Estate of Skelly, 284 AD2d 336 [2d Dept. 2001]). Thus, as we have noted in a prior post, executors have been subject to surcharge for a loss… [read post]
3 Feb 2017, 7:00 am
A nominated executor is obliged to secure estate assets even before the issuance of letters testamentary, or preliminary letters testamentary (see Matter of Schultz, 104 AD3d 1146 [4th Dept. 2013]). Courts have recognized that “an executor’s duties are derived from the will itself, not from the letters issued by the Surrogate” (Estate of Skelly, 284 AD2d 336 [2d Dept. 2001]). Thus, as we have noted in a prior post, executors have been subject to surcharge for a loss… [read post]
12 Feb 2020, 6:32 am
New York CPLR 3122(d) provides that the “reasonable production expenses” incurred by a non-party’s compliance with a subpoena shall be defrayed by the party issuing the subpoena. May a non-party’s counsel fees related to responding to a subpoena involving the production of electronically stored information be included as part of the “reasonable production expenses”? This largely unsettled question was recently answered in the affirmative by Surrogate Peter J.… [read post]
28 Jul 2016, 10:00 pm
Assistant City Attorney Brian Corrigan accompanied the food inspection team and said the violations were [read post]
11 Aug 2016, 7:09 am
In construing an in terrorem provision, or any part of a will, the paramount consideration is identifying and carrying out the testator’s intent. Although paramount, the testator’s intention will not be given effect if doing so would violate public policy. For example, an in terrorem provision that purports to prevent a beneficiary from questioning a fiduciary’s conduct is void as contrary to public policy (see Matter of Egerer, 30 Misc 3d 1229[A], at *1-4 [Sur Ct,… [read post]
11 Aug 2016, 7:09 am
In construing an in terrorem provision, or any part of a will, the paramount consideration is identifying and carrying out the testator’s intent. Although paramount, the testator’s intention will not be given effect if doing so would violate public policy. For example, an in terrorem provision that purports to prevent a beneficiary from questioning a fiduciary’s conduct is void as contrary to public policy (see Matter of Egerer, 30 Misc 3d 1229[A], at *1-4 [Sur Ct,… [read post]
21 Aug 2017, 3:21 pm
One of the most important considerations in creating a trust is selecting the appropriate trustee. Oftentimes this involves determining whether a corporate trustee is appropriate as either the sole trustee or together with one or more individual co-trustees. A corporate trustee’s experience and sophistication in both investment and administrative matters are commonly cited reasons for appointing such a trustee. A corporate trustee may further provide a level of objectivity that may be… [read post]
21 Aug 2017, 3:21 pm
One of the most important considerations in creating a trust is selecting the appropriate trustee. Oftentimes this involves determining whether a corporate trustee is appropriate as either the sole trustee or together with one or more individual co-trustees. A corporate trustee’s experience and sophistication in both investment and administrative matters are commonly cited reasons for appointing such a trustee. A corporate trustee may further provide a level of objectivity that may be… [read post]
12 Dec 2017, 7:29 am
A person who executes a valid agreement to make a testamentary disposition as to a specific item of property is precluded from making an alternative disposition, either during lifetime or upon death. This blog post discusses Schwartz v Bourque, 2017 NY Slip Op 31621(U) (Sur Ct, Nassau County June 14, 2017), a recent decision involving an agreement to make a testamentary disposition as to a specific parcel of real property, a later agreement between the same parties concerning that property (that was… [read post]
15 Mar 2011, 2:59 am
Airy, MD, and its president, Sun Ja Lee, and general manager, Brian W. [read post]
16 Aug 2024, 12:59 pm
Noncompetes have been a subject of much interest here at Truth on the Market (see Alden Abbott, Brian [read post]
18 Aug 2010, 5:05 am
” The Court granted Dupree a new trial, finding that Wayne County Circuit Judge Brian Sullivan [read post]
14 Jan 2020, 9:04 pm
Science in the Public Interest Jaydee Hanson, Center for Food Safety Teleconference Attendance Zach Corrigan [read post]
19 Aug 2009, 5:20 am
": Don Becker (again, twice on this day), Todd Leffler, Dan Corrigan, Doug Durham, Dane and Leslie [read post]
15 Apr 2018, 9:01 pm
Here’s who participated: INDUSTRY MEETING In-person Attendance: Brian Eyink, Hogan Lovells US LLP [read post]
26 Jan 2022, 11:11 am
” In an opinion joined by Justice Carol Corrigan, who was named to the court by Gov. [read post]
24 Jan 2022, 9:05 pm
Teleconference Attendance James Rogers, Consumers Union Thomas Gremillion, Consumer Federation Zachary Corrigan [read post]
20 Dec 2024, 9:49 am
For a recent—and extremely accessible—discussion, see my colleague Brian Albrecht here. [read post]
