Legal Opinion
In re Cuttitto Family Trust
Appellate Division of the Supreme Court of the State of New York
Decided September 13, 2004PublishedCited by 3 opinions
1Opinion of the Court
In a proceeding, inter alia, to discover trust assets, Jessie Fanara appeals from an order of the Surrogate’s Court, Suffolk *657County (Braslow, S.), entered March 31, 2003, which denied her motion for summary judgment dismissing the petition.
Ordered that the order is affirmed, with costs.
“[I]n order to obtain summary judgment there must be no triable issue of fact presented and . . . even the color of a triable issue of fact forecloses the remedy” (L.N.L. Constr. v M.T.F. Indus., 190 AD2d 714, 715 [1993]; see Zuckerman v City of New York, 49 NY2d 557 [1980]; Matter of Benincasa v Garrubbo, 141…
2Cases cited6 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Benincasa v. GarrubboAppellate Division of the Supreme Court of the State of New York · 1988
- Judice v. DeAngeloAppellate Division of the Supreme Court of the State of New York · 2000
- Salino v. IPT Trucking, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Perl v. MeherAppellate Division of the Supreme Court of the State of New York · 2010
- Greene v. Kevin D. Greene, LLCAppellate Division of the Supreme Court of the State of New York · 2020
- Matter of LekkiAppellate Division of the Supreme Court of the State of New York · 2024