OPINION OF THE COURT
PETER J. KELLY, S.
In this proceeding by decedent's surviving spouse to compel the executor to set aside and deliver exempt property in compliance with EPTL 5-3.1 (a) (5) and (6), petitioner moves for an order granting summary judgment. Respondent executor cross-moves for summary judgment dismissing the petition and for attorney's fees and costs.
Prior to their marriage, decedent and petitioner entered into a prenuptial agreement...
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