Grossman v. Gangel

—Order of the Surrogate’s Court, New York County (Renee Roth, S.), entered on or about June 16, 1992, which denied petitioner’s motion for summary judgment, unanimously reversed, the motion granted, and the petition dismissed, without costs.

Respondent Martin W. Gangel is a beneficiary under decedent’s March 1982 will together with her father, stepmother and nephew. Respondent purports to make an election against the will as decedent’s surviving spouse. While it is undisputed that the two were never legally married, respondent seeks to establish that he and decedent entered into a common-law…