IN THE MATTER OF BERK

2488/2006.

2008 NY Slip Op 28247

IN THE MATTER OF THE APPLICATION OF HUA WANG A/K/A JUDY WANG, For a Determination of Her Right Under Section 5-1.1-A of the Estates, Powers and Trusts Law to Elect to Take an Intestate Share the provisions of the Last Will and Testament of Irving Berk, Deceased.

Surrogate's Court of the City of New York, Kings County.

Decided July 3, 2008.


DIANA A. JOHNSON, J.

Petitioner Hua Wang, a/k/a Judy Wang, moves for summary judgment on her entitlement to take an elective share of the decedent's estate ("Estate") pursuant to EPTL §5-1.1-A.

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

Petitioner...

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