MATTER OF SCHULTE

File No. 4582/05. Appeal No. 898. Case No. 2023-00272.

220 A.D.3d 586 (2023)

199 N.Y.S.3d 27

2023 NY Slip Op 05382

In the Matter of David A. Schulte, Jr., Deceased. Sandra Schulte, as Limited Administrator CTA of the Estate of David A. Schulte, Jr., Cross-Claimant Appellant, v. 1125 Park Avenue Corporation, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided October 24, 2023.


Attorney(s) appearing for the Case

Dilworth Paxson LLP, New York (Ira N. Glauber of counsel), for appellant.

Braverman Greenspun P.C., New York (Tracey Peterson of counsel), for respondent.

Concur—Kern, J.P., Singh, Gesmer, Scarpulla, JJ.


Order, Surrogate's Court, New York County (Rita Mella, S.), entered November 23, 2022, which denied cross-claimant's motion for leave to further amend the cross-claim and granted respondent's motion for summary judgment dismissing the cross-claim, unanimously affirmed, without costs.

Surrogate's Court providently exercised its discretion (see e.g. Oil Heat Inst. of Long Is. Ins. Trust v RMTS Assoc., 4 A.D.3d 290, 293 [1st...

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