Legal Opinion

Geiger v. Lopez

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

Decided February 27, 1990PublishedCited by 6 opinions

1Opinion of the Court

The Surrogate abused her discretion in granting the motion to vacate respondent’s default. Respondent is one of three adult daughters from the deceased’s first marriage, which was terminated in divorce by 1955. Respondent, who had no contact with her father for over 30 years, was sent a waiver and consent to probate, together with a copy of the will, in April 1988. Although respondent did not return the waiver and consent form, she sent a card to the preliminary executor stating that she had had no contact with her father since she * was a child, and that her father had not desired to…

2Cases cited2 opinions

  1. Cohen v. LevyAppellate Division of the Supreme Court of the State of New York · 1975
  2. Anolick v. Travelers InsuranceAppellate Division of the Supreme Court of the State of New York · 1978

3Cited by6 opinions

  1. In re the Estate of EllisAppellate Division of the Supreme Court of the State of New York · 1998
  2. In re the Estate of OrlowskiAppellate Division of the Supreme Court of the State of New York · 2001
  3. In re the Estate of WangAppellate Division of the Supreme Court of the State of New York · 2004
  4. In re Estate of MaxwellAppellate Division of the Supreme Court of the State of New York · 2004
  5. In re the Estate of EstevesAppellate Division of the Supreme Court of the State of New York · 2006

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