In re Capuano
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In a contested probate proceeding, the petitioner appeals from *667an order of the Surrogate’s Court, Kings County (Johnson, S.), dated November 10, 2010, which denied his renewed motion, in effect, for summary judgment dismissing the objection to probate based on fraud and undue influence.
Ordered that the order is reversed, on the law, with costs payable by the objectant personally, and the petitioner’s renewed motion, in effect, for summary judgment dismissing the objection to probate based on fraud and undue influence is granted.
The decedent, Maria Capuano (hereinafter the decedent), while…
2Cases cited6 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- In re the Probate of the Will of WaltherNew York Court of Appeals · 1959
- In re the Estate of ZirinskyAppellate Division of the Supreme Court of the State of New York · 2007
- In re the Estate of EastmanAppellate Division of the Supreme Court of the State of New York · 2009
- In re KlingmanAppellate Division of the Supreme Court of the State of New York · 2009
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