- 21 - Respondent argues that, by application of Rule 121(e), the Court should deny petitioners' motion for partial summary judgment. Respondent asserts that the manner in which Mr. de St. Aubin's estate was administered is a material fact in dispute. The Commissioner further contends that petitioners are in possession and control of the information regarding this material fact, and that the Commissioner's only legally available method of controverting the facts set forth by petitioners is through the examination of petitioners' affiants or through examination of hostile witnesses from whom affidavits cannot be secured. Therefore, respondent states that, pursuant to Rule 121(e), petitioners should not be able to prevent respondent from cross-examining petitioners' witnesses by filing a motion for partial summary judgment. Petitioners attached the affidavit of Martin Drazen to their motion for partial summary judgment. In addition, petitioners attached the affidavits of Chester Nuttall, Ovide E. de St. Aubin, and Corinne Shaw to their supplemental memorandum of law. Respondent has not disputed the material facts that are contained therein. As will be explored herein, the other facts that respondent claims are in dispute are immaterial to the resolution ofPage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011