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ESTATE OF JACQUELINE GEBHARD LOEW, A/K/A JACQUELINE LOEW, JACQUELINE G. LOEW AND JACQUELINE A. LOEW, Deceased (355665/D) — In this discovery proceeding, the petitioner, Cynthia Frank, moves for partial summary judgment for the turnover of Two Hundred Thousand Dollars ($200,000.00) transferred by the decedent, Jacqueline Loew, to the respondent, Gregory Tull, on or about February 1, 2008, together with interest at the statutory rate of nine (9 percent ) percent from November 25, 2011. The respondent, Gregory Tull, has cross-moved: (i) to amend his answer to assert the defense of statute of limitations with respect to the $200,000.00 transfer and (ii) for summary judgment dismissing the petition in its entirety on the basis of statute of limitations.

The decedent, Jacqueline Loew, died on March 4, 2009, a domiciliary of Nassau County. She was survived by her three children, Cynthia Frank, William Tull, Jr., and Gregory Tull (hereinafter “Cynthia,” “William,” “Gregory”). The decedent left a last will and testament dated December 22, 2006. Pursuant to the terms of her will, the decedent’s residuary estate is divided equally among her three children. The will nominated Gregory as executor. Preliminary letters testamentary issued to Gregory on August 26, 2009. The will was admitted to probate by decree dated December 21, 2010, and letters testamentary issued to Gregory on the same date.

 
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