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MTR OF TEXEIRA v. FISCHER

No. 173

26 N.Y.3d 1031 (2015)

43 N.E.3d 361

22 N.Y.S.3d 151

2015 NY Slip Op 08371

In the Matter of ANTHONY FRANK FIZZINOGLIA, Also Known as ANTHONY F. FIZZINOGLIA and Another, Deceased. JOSEPHINE PARADISO FIZZINOGLIA, Appellant; FRANK FIZZINOGLIA, Respondent.

Court of Appeals of New York.

Decided November 18, 2015.

Attorney(s) appearing for the Case

McCarthy Fingar LLP, White Plains ( Sondra M. Miller , Frank W. Streng and Robert H. Rosh of counsel), for appellant.

Daniels, Porco and Lusardi, LLP, Carmel ( Robert C. Lusardi of counsel), for respondent.

Chief Judge LIPPMAN and Judges PIGOTT, RIVERA, ABDUS-SALAAM, STEIN and FAHEY concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

In this administration proceeding pursuant to Surrogate's Court Procedure Act § 1001, Surrogate's Court properly denied petitioner's motion for summary judgment dismissing objectant's claim against the estate. Petitioner did not make a prima facie showing that the prenuptial agreement she and the decedent signed was invalid and unenforceable...

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