Legal Opinion

Matter of Mezzatesta

Appellate Division of the Supreme Court of the State of New York

Decided November 18, 2015No. 2013-11365Published

1Opinion of the Court

In a probate proceeding in which a petition pursuant to SCPA 2103 was filed to recover certain funds on behalf of the decedent’s estate, the petitioner appeals from an order of the Surrogate’s Court, Suffolk County (Czygier, Jr., S.), dated September 13, 2013, which denied his motion for summary judgment on the petition.

Ordered that the order is affirmed, with costs.

Contrary to the petitioner’s contention, the Surrogate’s Court properly found that he failed to establish his prima facie entitlement to judgment as a matter of law (see Alvarez v Prospect Hosp., 68 NY2d 320, 324 [1986]; Winegrad…

2Cases cited10 opinions

Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
In re the Estate of FerraraNew York Court of Appeals · 2006
Canaan v. Costco Wholesale Membership, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
Whitehead v. Town House Equities, Ltd.Appellate Division of the Supreme Court of the State of New York · 2004

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