MATTER OF CAPUANO

2011-04322.

93 A.D.3d 666 (2012)

939 N.Y.S.2d 553

2012 NY Slip Op 1673

In the Matter of MARIA CAPUANO, Deceased. FRANCO NIOLA, Petitioner; NARCOLA SARNO, Appellant; CARMINE NOSCHESE, Respondent.

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

Decided March 6, 2012.


Ordered that the order is reversed, on the law, with costs payable by the objectant personally, and the petitioner's renewed motion, in effect, for summary judgment dismissing the objection to probate based on fraud and undue influence is granted.

The decedent, Maria Capuano (hereinafter the decedent), while undergoing treatment for cancer, died unexpectedly at the age of 76 during a visit with her family in Salerno, Italy, on April 30, 2002. The decedent was a longtime...

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