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IN THE MATTER OF ESTATE OF HALPERN

No. 89 SSM 2

16 N.Y.3d 777 (2011)

In the Matter of the Estate of SEYMOUR HALPERN, Deceased. ADRIENNE HALPERN et al., Respondents; ELIZABETH HALPERN, Appellant.

Court of Appeals of New York.

Decided February 22, 2011.

Attorney(s) appearing for the Case

Duane Morris LLP, New York City ( Thomas R. Newman of counsel), for appellant.

Cleary Gottlieb Steen & Hamilton LLP, New York City ( Christopher P. Moore and Giannina Santo of counsel), for respondents.

Concur: Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES.

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, and certified question not answered upon the ground that it is unnecessary. When viewed in its entirety, the testimony from the attesting witness is insufficient to create a triable issue of fact as to whether decedent's will was...

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