Legal Opinion

In re the Estate of Benitez

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

Decided March 4, 1993PublishedCited by 2 opinions

1Opinion of the Court

Mikoll, J. P.

Appeal from an order of Surrogate’s Court of Albany County (Marinelli, S.), entered June 4, 1992, which, inter alia, granted respondents’ motions for summary judgment dismissing the petition.

Roberto E. Benitez (hereinafter decedent) married three times during his lifetime. Petitioner was his first wife, respondent Marilyn Benitez was his second wife and respondent Josephine Benitez was his third wife. During their divorce action in 1970, petitioner and decedent entered into a stipulation which provided, inter alia, for the distribution of marital property and custody of their two…

2Cases cited6 opinions

  1. Rainbow v. SwisherNew York Court of Appeals · 1988
  2. Merl v. MerlNew York Court of Appeals · 1986
  3. Wilson v. . HinmanNew York Court of Appeals · 1905
  4. Cohen v. CroninNew York Court of Appeals · 1976
  5. In re the Estate of BardolAppellate Division of the Supreme Court of the State of New York · 1976

1 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Matter of RicondaNew York Court of Appeals · 1997
  2. ROBERTA SIRGUTZ v. BRIAN SIRGUTZ, Personal Representative of the ESTATE OF STANLEY SIRGUTZDistrict Court of Appeal of Florida · 2021

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