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IN THE MATTER OF ESTATE OF KORN

25 A.D.3d 379 (2006)

808 N.Y.S.2d 48

In the Matter of the Estate of EDITH R. KORN, Deceased. EDWARD D. KORN, Respondent; ROBERT B. KORN, Appellant.

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

January 10, 2006.

The decree referred to an earlier order which had granted petitioner's motion for summary judgment dismissing objections to probate. Summary judgment is appropriate where, as here, the proponent establishes a prima facie case for probate and the objectant fails to raise a material triable issue of fact (Matter of Seelig, 13 A.D.3d 776 [2004], lv denied 4 N.Y.3d 707 [2005]). Not only did...

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