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MTR OF AMERICAN COMM. v. DUNN

10 N.Y.3d 82 (2008)

883 N.E.2d 996

854 N.Y.S.2d 89

In the Matter of THE AMERICAN COMMITTEE FOR THE WEIZMANN INSTITUTE OF SCIENCE, Appellant, v. JENNIFER DUNN, Individually and as Executor of DORIS WEINGARTEN, Deceased, et al., Respondents.

Court of Appeals of the State of New York.

Decided February 14, 2008.

Attorney(s) appearing for the Case

Orans, Elsen & Lupert LLP, New York City (Robert L. Plotz, Leslie A. Lupert and Nicholas G. Arons of counsel), for appellant.

Hofheimer, Gartlir & Gross, LLP, New York City (David L. Birch of counsel), for respondents.

Andrew M. Cuomo, Attorney General, New York City (Richard Dearing, Barbara D. Underwood, Michelle Aronowitz and Carl Distefano of counsel), in his statutory capacity under EPTL article 8.

Chief Judge KAYE and Judges GRAFFEO, READ, PIGOTT and JONES concur with Judge CIPARICK; Judge SMITH dissents in a separate opinion.

OPINION OF THE COURT

CIPARICK, J.

This appeal requires us to determine the standard applicable to a petition to vacate a probate decree brought by a nonparty to an initial probate proceeding and based upon "newlydiscovered evidence," which allegedly demonstrates that a probated will was procured through the exercise of undue influence upon a testator. We are also asked to consider whether correspondence between...

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