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MATTER OF BERK

File No. 2488/06. 2018-13995.

209 A.D.3d 1014 (2022)

177 N.Y.S.3d 611

2022 NY Slip Op 06003

In the Matter of Irving A. Berk, Deceased. Hua Wang, Appellant; Harvey Berk et al., Respondents.

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

Decided October 26, 2022.

Attorney(s) appearing for the Case

Markewich and Rosenstock, LLP, New York, NY ( Eve Rachel Markewich , Lawrence M. Rosenstock , and Michael Busiahvili of counsel), for appellant.

Jaspan Schlesinger, LLP, Garden City, NY ( Jessica M. Baquet and Ruskin Moscou Faltischek, P.C. [ John G. Farinacci ], of counsel), for respondents.

Duffy, J.P., Barros, Rivera and Miller, JJ., concur.

In a probate proceeding in which Hua Wang petitioned pursuant to SCPA 1421, inter alia, to determine the validity and effect of an election pursuant to EPTL 5-1.1-A asserted by her against the estate of the decedent, Hua Wang appeals from a decree of the Surrogate's Court, Kings County (John G. Ingram, S.), dated July 19, 2018. The decree, upon a decision dated June 27, 2018, made after a nonjury trial, determined that Hua Wang...

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