Witiuk v. Mykytiw

Appeal from an order of the Supreme Court (Cobb, J.), entered September 30, 1994 in Columbia County, which denied defendant’s motion to dismiss the complaint.

Plaintiff and defendant are the son and stepson, respectively, of Marie Mykytiw (hereinafter decedent), who, when she died in 1987, left a will devising one parcel of her real property in Columbia County to plaintiff and another adjoining parcel to defendant. The will also provided that the buildings situated on the devised land—all of which are located on defendant’s parcel (hereinafter the property)—were to be owned equally by both…