Melnick v. Melnick

Order, Surrogate’s Court, New York County (Nora S. Anderson, S.), entered October 28, 2011, which, to the extent appealed from as limited by the briefs, denied petitioners’ motion for summary judgment seeking dismissal of the objections to probate filed by objectant, Steven Melnick, and for sanctions against objectant, unanimously affirmed, without costs.

The “plain language” of the release does not support petitioners’ assertion of a waiver by objectant of his statutory right to file objections. Contrary to petitioners’ contention, there is no evidence of a clear and unambiguous waiver of…