Legal Opinion
In re the Estate of Pennino
Appellate Division of the Supreme Court of the State of New York
Decided December 3, 2001PublishedCited by 3 opinions
1Opinion of the Court
In a contested probate proceeding, the objectant, Christopher Pennino, appeals from a decree of the Surrogate’s Court, Nassau County (Radigan, S.), dated May 30, 2000, which, upon a jury verdict finding that the decedent was not unduly influenced in executing his will, admitted to probate the last will and testament of the decedent, Gabriel Pennino.
Ordered that the decree is affirmed, with costs.
Contrary to the objectant’s contentions, he waived the protection of CPLR 4519 (the “Dead Man’s Statute”), by eliciting testimony from the proponent of the will regarding otherwise-protected…
2Cases cited6 opinions
- Nay v. . CurleyNew York Court of Appeals · 1889
- In re the Estate of WoodNew York Court of Appeals · 1981
- Barracato v. Camp Bauman Buses, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
- Willinger v. City of New RochelleAppellate Division of the Supreme Court of the State of New York · 1995
- Calabrese v. ChanAppellate Division of the Supreme Court of the State of New York · 1997
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- In re Diamond K.Appellate Division of the Supreme Court of the State of New York · 2006
- Lief v. HillAppellate Division of the Supreme Court of the State of New York · 2017
- Tokio Marine & Fire Insurance v. Abdor-Florida, Inc.Appellate Division of the Supreme Court of the State of New York · 2006