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CONSTANTINE v. LUTZ

532684.

204 A.D.3d 1328 (2022)

168 N.Y.S.3d 134

2022 NY Slip Op 02842

Stacy Constantine, Individually and as Parent of Shayla Constantine, an Infant, et al., Appellants, v. Robert Lutz et al., Respondents, et al., Defendant.

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

Decided April 28, 2022.

Attorney(s) appearing for the Case

LeCours, Chertok & Yates, LLP, Saratoga Springs ( Daniel G. Chertok of counsel), for appellants.

Harris, Conway & Donovan, PLLC, Albany ( Ryan E. Manley of counsel), for respondents.

Garry, P.J., Lynch, Clark and Reynolds Fitzgerald, JJ., concur.

In August 2019, Paul Constantine Jr. (hereinafter decedent) executed a will bequeathing $50,000 each to Shayla Constantine and plaintiff Miranda Constantine (hereinafter collectively referred to as the grandchildren). The grandchildren are the children of James Constantine, decedent's son who died in 2018 (hereinafter the deceased son...

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