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MATTER OF FIUMARA

47 N.Y.2d 845 (1979)

In the Matter of The Estate of Bernard Fiumara, Deceased. Bernard P. Fiumara, Appellant; Joseph Alesio et al., Respondents.

Court of Appeals of the State of New York.

Decided June 5, 1979.

Attorney(s) appearing for the Case

Joseph P. Kirley for appellant.

James Dempsey for respondents.

Chief Judge COOKE, and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs against the appellant.

In the absence of evidence of a substantial nature inconsistent with any inference to the contrary, the Surrogate properly refused to submit the undue influence claim to the jury (see Matter of Walther, 6 N.Y.2d 49). While the circumstantial evidence adduced at trial may...

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