Ordered that the order is reversed, on the law, with costs payable by the respondent personally, and the executor's motion for summary judgment dismissing the notice of election is granted.
The respondent, Susan Schliessman, claiming that she is the surviving common-law spouse of the decedent, Rudolph T. Danza, filed a notice of election against the decedent's will. The respondent claims that she and the decedent entered into a valid common-law marriage in February...
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