Attorneys successfully defended an appeal on behalf of the county deputy surrogate
Attorneys successfully defended an appeal on behalf of the county deputy surrogate. The appeal arose out of the trial court's decision which granted summary judgment to the defendant attorney/surrogate in connection with the administration of an Estate involving very valuable properties. Defense attorneys were able to show, through depositions, that plaintiff was aware of the condition of the properties prior to entry of the Consent Judgment. The Consent Judgment, however, did not obligate the Estate to repair or rehabilitate the property that plaintiff ultimately received. The record confirmed that the plaintiff failed to act with reasonable diligence. Accordingly, the Appellate Division entered an opinion affirming the Order for Summary Judgment which had been entered by the trial court.