Legal Opinion

In re the Estate of Castaldo

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

Decided November 16, 1993PublishedCited by 1 opinion

1Opinion of the Court

—Decree, Surrogate’s Court, Bronx County (Lee Holzman, S.), entered April 22, 1992, which judicially settled an account of the decedent’s estate, dismissed all objections, and discharged co-Executrix-Respondent Eugenia Giangrande, unanimously affirmed, with costs.

Credible expert evidence supports the Surrogate’s conclusion that the account does not omit or conceal assets of the decedent, or suggest improper appropriation by the proponent. On a bench trial, deference should be accorded the trial court’s determinations based on the credibility of witnesses (Wolfson v Kasa Lithuanian Fed. Credit…

2Cases cited2 opinions

  1. Cromartie v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1985
  2. Wolfson v. Kasa Lithuanian Federal Credit UnionAppellate Division of the Supreme Court of the State of New York · 1990

3Cited by1 opinion

  1. In re the Estate of RicciAppellate Division of the Supreme Court of the State of New York · 2005

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