ESTATE OF BARBARA RIVERA, A/K/A BARBARA RIVERA-CASTELLANO, A/K/A BARBARA CASTELLANO, Deceased

ESTATE OF BARBARA RIVERA, A/K/A BARBARA RIVERA-CASTELLANO, A/K/A BARBARA CASTELLANO, Deceased. (13/907) — In this contested probate proceeding, a motion for summary judgment has been filed by Decedent's alleged surviving spouse, Carmine Castellano ("Carmine"). He moves to have the Court determine his rights, if any, with respect to a stipulation of settlement he signed in a divorce proceeding. A cross motion for summary judgment has been filed by Maryann Bloomberg ("Maryann"), the Decedent's sister, in which she moves to enforce the terms of that same stipulation of settlement signed also by the decedent prior to her death. Furthermore, an affirmation in support of Maryann's application has been submitted by the decedent's three children, also the issue of Carmine, in which they join their aunt in her petition to be appointed as the fiduciary of their mother's estate. There are a slew of issues to be determined, but most importantly, whether or not this case meets the standards of summary judgement.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

ESTATE OF BARBARA RIVERA, A/K/A BARBARA RIVERA-CASTELLANO, A/K/A BARBARA CASTELLANO, Deceased. (13/907) — In this contested probate proceeding, a motion for summary judgment has been filed by Decedent’s alleged surviving spouse, Carmine Castellano (“Carmine”). He moves to have the Court determine his rights, if any, with respect to a stipulation of settlement he signed in a divorce proceeding. A cross motion for summary judgment has been filed by Maryann Bloomberg (“Maryann”), the Decedent’s sister, in which she moves to enforce the terms of that same stipulation of settlement signed also by the decedent prior to her death. Furthermore, an affirmation in support of Maryann’s application has been submitted by the decedent’s three children, also the issue of Carmine, in which they join their aunt in her petition to be appointed as the fiduciary of their mother’s estate. There are a slew of issues to be determined, but most importantly, whether or not this case meets the standards of summary judgement.

Summary judgment should not be granted where there is any doubt as to existence of triable issues (State Bank of Albany v. McAuliffe, 97 AD2d 607). Indeed, if a genuine issue of fact is found to exist, summary judgment must be denied (Werfel v. Zivnostenska Banka, 287 NY91; Rowan v. Brady, 98 AD2d 638). The Court finds that there are, indeed, issues of fact to be resolved and, accordingly, denies summary judgment for both the movant and the cross movant.

ESTATE OF BARBARA RIVERA, A/K/A BARBARA RIVERA-CASTELLANO, A/K/A BARBARA CASTELLANO, Deceased

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to New York Law Journal