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MATTER OF LAMONICA

199 A.D.2d 503 (1993)

606 N.Y.S.2d 38

In the Matter of The Estate of Thomas R. Lamonica, Deceased. Diane Lamonica, Appellant; Ellen Keller, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 27, 1993

Ordered that the decree is affirmed, with costs payable by the appellant personally.

Viewing the evidence adduced at the trial in a light most favorable to the objectant (see, McCloud v Marcantonio, 106 A.D.2d 493, 495), we agree with the Surrogate that she failed to establish a prima facie case of undue influence, thereby warranting withdrawal of that issue from the triers...

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