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....more
2/13/2020
/ Cost-Shifting ,
CPLR ,
Discovery ,
Discovery Disputes ,
Document Productions ,
e-Discovery ,
Electronically Stored Information ,
Evidence ,
Litigation Fees & Costs ,
Non-Parties ,
Real Estate Development ,
Requests for Evidence ,
Scope of Discovery Requests ,
Subpoenas
The Surviving Spouse’s Right of Election vs. A Former Spouse’s Rights in the Decedent’s Estate under a Separation Agreement -
Spousal separation agreements sometimes provide for one party to make a provision in his or her...more
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. ...more
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...more
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...more