Matter of Riconda

OPINION OF THE COURT

Bellacosa, J.

This controversy is procedurally set in a proceeding to determine the validity of a claim against an estate (SCPA 1809). The issue is whether the former wife, Judy Riconda, is entitled to maintenance payable out of the estate of her deceased former spouse, during her lifetime or until her remarriage (see, Cohen v Cronin, 39 NY2d 42).

The Surrogate’s Court rejected the claim, denied the former wife’s summary judgment motion, and granted the cross motion of the executor (decedent’s and claimant’s son). The Surrogate considered the agreement as a whole to…