In Matter of Rosasco, 31 Misc3d 1214(A), the Surrogate’s Court, New York County (Glen, S.) engaged in a thorough analysis of the theory of duress as it applied to Surrogate’s Court practice, and more particularly, the validity of a propounded will. Notably, in denying petitioner’s motion for summary judgment on this issue, the court relied on the distinction drawn between undue influence and duress as set forth in the Restatement [Third] Property: Wills and Other Donative Transfers, §8.3, as follows:
8.3(b). A donative transfer is procured by undue influence if the wrongdoer exerted such influence over the donor that it overcame the donor’s free will and caused the donor to make a donative transfer that the donor would not otherwise have made.
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