In re the Estate of Donaldson

OPINION OF THE COURT

Robert J. Gigante, S.

In this pending proceeding, Linda Navallo, the petitioner, *842moves for summary judgment declaring the trust and deed transfer (hereinafter referred to as the trust documents) executed by Muriel Donaldson, the decedent and petitioner’s mother, void based on fraud, undue influence and lack of mental capacity. Respondents, Diane Morelli and Stephen Donaldson, oppose summary judgment.

Summary judgment should be granted only where it is clear that no triable issue of fact exists (Matter of Goldberg, 180 AD2d 528 [1992]). It is necessary for the movant to make…