Legal Opinion

In re Hua Wang

New York Surrogate's Court

Decided July 3, 2008PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Diana A. Johnson, S.

Petitioner Hua Wang, also known as Judy Wang, moves for summary judgment on her entitlement to take an elective share of the decedent’s estate pursuant to EPTL 5-1.1-A.

In opposition, respondents Joel Berk and Harvey Berk, the coexecutors of the estate, argue the motion is premature as no discovery has been conducted, and there are material and triable issues of fact raised by their counterclaims and defenses.

Petitioner filed a petition seeking a decree determining that she is entitled to take her elective share against the estate, and that her notice of…

2Cases cited14 opinions

Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
Friends of Animals, Inc. v. Associated Fur Manufacturers, Inc.New York Court of Appeals · 1979
Andre v. PomeroyNew York Court of Appeals · 1974
Pacchiana v. PacchianaAppellate Division of the Supreme Court of the State of New York · 1983
Dyckman v. BarrettAppellate Division of the Supreme Court of the State of New York · 1992

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3Cited by2 opinions

Campbell v. ThomasAppellate Division of the Supreme Court of the State of New York · 2010
In re the Estate of KaminesterNew York Surrogate's Court · 2009