MATTER OF GRIFFITH


183 Misc.2d 210 (2000)

702 N.Y.S.2d 789

In the Matter of the Estate of ROBERT E. GRIFFITH, Deceased.

Surrogate's Court, Nassau County.

January 6, 2000.


Attorney(s) appearing for the Case

Bennett, Rice & Schure L. L. P., Rockville Centre, for Robert A. Griffith, as executor.

Murray H. Greenspan, Garden City, for Judith Griffith, objectant.

Kirschenbaum & Kirschenbaum, P. C., Garden City (Richard E. Trachtenberg of counsel), for Chase Manhattan Bank, objectant.


OPINION OF THE COURT

C. RAYMOND RADIGAN, J.

In this accounting proceeding, the executor and one of the objectants move and cross-move, respectively, for an order pursuant to CPLR 3212 granting summary judgment in their favor. The objectant is the surviving spouse of the decedent; the executor is her stepson. The issue concerns the responsibility for a mortgage on the marital residence. Its novelty resides in the fact that the surviving spouse and the decedent...

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