ESTATE OF SALVATORE TILIMBO, Deceased (05/583P) and ROSE TILIMBO, ANTHONY CASERTANO JR. AND NINA SANDERS, plf, v. JOHN POSIMATO as PRELIMINARY EXECUTOR OF THE ESTATE OF SALVATORE TILIMBO, def

ESTATE OF SALVATORE TILIMBO, Deceased (05/583P) and ROSE TILIMBO, ANTHONY CASERTANO JR. AND NINA SANDERS, plf, v. JOHN POSIMATO as PRELIMINARY EXECUTOR OF THE ESTATE OF SALVATORE TILIMBO, def (07/329M) — In this transferred RPAPL article 15 action the plaintiffs who are also the objectants in the underlying will contest move, pursuant to CPLR 3025, for an order granting them leave to add Patrick Wynne, Esq. as a party defendant and to amend the underlying complaint to add a cause of action against him alleging fraud. The motion is opposed by the defendant, the preliminary executor in the probate proceeding.

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ESTATE OF SALVATORE TILIMBO, Deceased (05/583P) and ROSE TILIMBO, ANTHONY CASERTANO JR. AND NINA SANDERS, plf, v. JOHN POSIMATO as PRELIMINARY EXECUTOR OF THE ESTATE OF SALVATORE TILIMBO, def (07/329M) — In this transferred RPAPL article 15 action the plaintiffs who are also the objectants in the underlying will contest move, pursuant to CPLR 3025, for an order granting them leave to add Patrick Wynne, Esq. as a party defendant and to amend the underlying complaint to add a cause of action against him alleging fraud. The motion is opposed by the defendant, the preliminary executor in the probate proceeding.

The factual and procedural background of the contested probate proceeding and transferred action are set forth in numerous prior decisions of the court (see e.g. Matter of Tilimbo, 36 Misc 3d 1232 [A], 2012 NY Slip Op 51579 [U] [Sur Ct, Bronx County 2012] [citing cases]). For background purposes, the relevant facts are that the decedent Salvatore Tilimbo died on April 2, 2005 at the age of 82 (see id.). His distributees are his sister Rose Tilimbo and a niece and nephew, all of whom are the plaintiffs in the transferred action, the objectants in the contested probate proceeding relating to this estate and the movants herein. The sole beneficiary under the propounded instrument, which was drafted by Patrick Wynne Esq., is the decedent’s friend, Marilyn Posimato, whose son, John Posimato, is the preliminary executor (see Matter of Tilimbo, 36 Misc 3d 1232 [A], 2012 NY slip Op 51579 [U]).

ESTATE OF SALVATORE TILIMBO, Deceased (05/583P) and ROSE TILIMBO, ANTHONY CASERTANO JR. AND NINA SANDERS, plf, v. JOHN POSIMATO as PRELIMINARY EXECUTOR OF THE ESTATE OF SALVATORE TILIMBO, def

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