MATTER OF CASCARDO

2013-07523

130 A.D.3d 822 (2015)

12 N.Y.S.3d 573

2015 NY Slip Op 06142

In the Matter of ANTHONY J. CASCARDO, Also Known as ANTHONY JOHN CASCARDO, Deceased. RUSSELL CASCARDO, Respondent; v. DEBRA CASCARDO WIESSMAN, Appellant.

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

Decided July 15, 2015.


Ordered that the decree is affirmed, with costs payable to the decedent's estate.

The Surrogate's Court properly granted the petitioner's motion pursuant to CPLR 4401, made at the close of evidence, for judgment as a matter of law dismissing objections alleging that the subject will was improperly executed and the product of fraud and duress. Upon viewing the evidence in the light most favorable to the objectant, there...

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