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MATTER OF JAKOBSON

256 A.D.2d 465 (1998)

683 N.Y.S.2d 860

In the Matter of the Estate of IRVING D. JAKOBSON, Deceased. (Proceeding No. 1.) In the Matter of the Estate of RUTH JAKOBSON, Deceased. (Proceeding No. 2.) In the Matter of the Estate of RUTH JAKOBSON, Deceased. (Proceeding No. 3.) FLEET TRUST COMPANY, Respondent; PEDER D. JAKOBSON, Appellant.

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

Decided December 16, 1998.

Ordered that the order is reversed, on the law, with costs payable by the respondent Fleet Trust Company, and the motion is denied.

To obtain summary judgment, the movant must make a prima facie showing of entitlement to judgment as a matter of law by tendering sufficient evidence to demonstrate the absence of any material issue of fact (see, Alvarez v Prospect Hosp., 68 N.Y.2d 320, 324). The evidence presented by Fleet Trust...

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