Motions for summary judgment are often utilized in the Surrogate’s Court to crystallize issues and reach a quick result in a litigation. While generally invoked in contested probate proceedings, summary relief has also been the subject of contested construction proceedings, and proceedings to fix and determine a claim against an estate. Consider the following:

Order Denying Summary Judgment Affirmed

In Matter of Penick, N.Y.L.J., Feb. 10, 2020 (1st Dept.), the Appellate Division, First Department, affirmed an Order of the Surrogate’s Court, New York County (Mella, S.), which denied petitioner’s motion for summary judgment dismissing objections to probate of a will purportedly executed by his spouse.

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