Q: NY Will contest, Proponents agree to a trial date, are they conceding to the Court, the Objectant have triable issues?
If a trial date is set by the Court and that is agreed to by the Proponents.
What is the likelihood that they will file Summary Judgment?
I know they can but, wouldn't that be like poking their finger into the eye of the Judge?
Thank You very much.
A: If there is no date in the pretrial order to file summary judgment, then it is likely not allowed anymore. As many of the burdens at trial are on the objectants, a trial is in many ways harder on them. It depends on what evidence people have.
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A: They can file the motion for summary judgment and the court will likely move the trial date. This occurs frequently.
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