CASSIA v. CASSIA


125 Misc.2d 606 (1984)

Judy Cassia, as Executrix of James Cassia, Deceased, Plaintiff, v. Amelie Cassia, Defendant.

Supreme Court, Westchester County.

August 20, 1984


Attorney(s) appearing for the Case

Joseph D. Errico for plaintiff. Robert I. Gruber for defendant.


GERARD E. DELANEY, J.

Is a lis pendens properly filed against real property in a Surrogate's Court proceeding under EPTL 5-1.1 (wherein a "disinherited wife" seeks a right to election against her deceased husband's estate) where such real property will pass not by specific devise but in the residuary estate? Such question, by necessity, involves a determination under CPLR 6501 as to whether or not the judgment to be rendered in the Surrogate's...

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