In re the Estate of Mangiacavallo

—In an action, inter alia, to impose a constructive trust upon assets belonging to the estate of Catherine Mangiacavallo, commenced in the Supreme Court, Richmond County, and transferred to the Surrogate’s Court, Queens County, the plaintiff appeals from an order of the Surrogate’s Court, Queens County (Laurino, S.), dated November 27, 1989, which denied the plaintiff’s motion to strike the defendants’ affirmative defenses and granted the defendants’ cross motion for summary judgment declaring that the 1959 will of Catherine Mangiacavallo was revocable.

Ordered that the order is affirmed, with…