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IN THE MATTER OF WANG

20 Misc.3d 691 (2008)

864 N.Y.S.2d 710

In the Matter of HUA WANG, Also Known as JUDY WANG, for a Determination of Her Right Under EPTL 5-1.1-A to Elect to Take an Intestate Share Against the Provisions of the Last Will and Testament of IRVING BERK, Deceased.

Surrogate's Court, Kings County.

July 3, 2008.

Attorney(s) appearing for the Case

Bressler, Amery & Ross, P.C., New York City (Jordan S. Weitberg of counsel), for petitioner.

Jaspan, Schlesinger, Hoffman, LLP, Garden City (John G. Farinacci of counsel), for respondents.

OPINION OF THE COURT

DIANA A. JOHNSON, S.

Petitioner Hua Wang, also known as Judy Wang, moves for summary judgment on her entitlement to take an elective share of the decedent's estate pursuant to EPTL 5-1.1-A.

In opposition, respondents Joel Berk and Harvey Berk, the coexecutors of the estate, argue the motion is premature as no discovery has been conducted, and there are material and triable issues of fact raised by their counterclaims and defenses...

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