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LISA BISHOP plf-res, v. RONA MAURER, ETC., def-ap

10185. LISA BISHOP plf-res, v. RONA MAURER, ETC., def-ap — Richard L. Herzfeld, New York, for ap — Lawrence H. Silverman, Commack, for res — Order, Surrogate's Court, New York County (Nora S. Anderson, S.), entered December 20, 2012, which denied defendant's motion for summary judgment dismissing the complaint alleging undue influence in the creation and execution of certain estate planning documents, unanimously affirmed, without costs.

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10185. LISA BISHOP plf-res, v. RONA MAURER, ETC., def-ap — Richard L. Herzfeld, New York, for ap — Lawrence H. Silverman, Commack, for res — Order, Surrogate’s Court, New York County (Nora S. Anderson, S.), entered December 20, 2012, which denied defendant’s motion for summary judgment dismissing the complaint alleging undue influence in the creation and execution of certain estate planning documents, unanimously affirmed, without costs.

Surrogate’s Court properly denied summary judgment after concluding that there are issues of fact regarding whether defendant, the decedent’s wife, coerced the decedent into executing certain estate planning documents that transferred real and personal property to defendant, to the alleged detriment of his daughter from a prior marriage, Lisa Bishop, among others.

 
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