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Matter of the Estate of Asch

Petitioner Denied Striking Respondent's Affirmative Defenses, Precluding Evidence at Trial

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*1  Frances Asch (hereinafter “Decedent”) died on December 18, 2012 survived by two daughters, Laura Solomon (hereinafter also referred to as “Petitioner”) and Audrey Silverstein (hereinafter also referred to as “Respondent”). The Decedent’s will, which divided her assets equally between her two daughters, was admitted to probate by decree dated March 14, 2013, and appointed her two daughters as co-executors. The litigation in this matter began in January 2014, with Petitioner’s commencement of a discovery proceeding pursuant to SCPA ‘ 2103 to, in essence, learn more about the change in title of several bank accounts from solely in the Decedent’s name to joint accounts with Respondent.This decision addresses two motions of Petitioner, the first originally returnable January 26, 2017, and the second originally returnable on May 5, 2017. The motion returnable May 5, 2017 includes all relief requested in the prior motion, except for the request of an order “compelling Respondent to produce responses to Petitioner’s 2014 discovery demands,” which will also be addressed in this decision. Additionally, the relief requested includes:

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