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MATTER OF MEYER

62 A.D.3d 133 (2009)

876 N.Y.S.2d 7

In the Matter of the Estate of FRANCINE MEYER DE CAMARET MEYER, Also Known as FRANCINE MEYER, Deceased. PATRICK A. GERSCHEL, Appellant, v. ANDREW W. HEYMANN et al., Respondents, et al., Defendants.

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

Decided March 19, 2009.

Attorney(s) appearing for the Case

McLaughlin & Stern, LLP, New York City (Jon Paul Robbins of counsel), for appellant.

Holland & Knight LLP, New York City (Charles F. Gibbs, Brian P. Corrigan and Faith L. Carter of counsel), and Solomon, Blum, Heymann & Stich LLP, New York City (Andrew W. Heymann pro se and of counsel), for respondents.

SAXE, J.P., NARDELLI, BUCKLEY and MOSKOWITZ, JJ., concur.

OPINION OF THE COURT

RENWICK, J.

After Francine Meyer, a 77-year-old French citizen, died in her Fifth Avenue condominium in New York City on July 28, 2001, her estranged son, Patrick A. Gerschel, who had not seen her for 25 years, commenced this action, claiming forced heirship under French civil law. That law limits the right of a domiciliary of France to disinherit children through lifetime gifts or by will. Plaintiff seeks to recover forced heirship...

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