Legal Opinion

In re the Estate of Hennel

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

Decided November 25, 2015Published

1Opinion of the CourtDevine, J.

Appeal from an order of the Surrogate’s Court of Schenectady County (Versaci, S.), entered June 5, 2013, which, in a proceeding pursuant to SCPA 1809, among other things, partially granted petitioners’ motion for summary judgment determining the validity of their claim against decedent’s estate.

Edmund Felix Hennel (hereinafter decedent) owned rental property in the City of Schenectady, Schenectady County and, in 2001, he took out a loan for gifting purposes secured by a mortgage on the property. The 2001 mortgage was satisfied as part of a 2003 refinancing transaction that, in turn, left a…

2Cases cited28 opinions

  1. Claim of Raymond v. Estate of DavisNew York Court of Appeals · 1928
  2. Nau v. Vulcan Rail & Construction Co.New York Court of Appeals · 1941
  3. Mandel v. LiebmanNew York Court of Appeals · 1951
  4. Clifford R. Gray, Inc. v. LeChase Construction Services, LLCAppellate Division of the Supreme Court of the State of New York · 2006
  5. Fleet Bank v. Pine Knoll Corp.Appellate Division of the Supreme Court of the State of New York · 2002

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