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ESTATE OF ELISE A. STROM, Deceased

ESTATE OF ELISE A. STROM, Deceased. (11/775) — In this pending judicial accounting proceeding, Elizabeth Strom, the executrix of decedent's will, has moved for summary judgment seeking an Order dismissing the objections filed against her accounting by Neva Strom, one of the named beneficiaries. The movant argues that the objectant does not raise any valid objections to her accounting, but rather, that fraud was possibly committed in the procurement of various insurance policies in the decedent's name.

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ESTATE OF ELISE A. STROM, Deceased. (11/775) — In this pending judicial accounting proceeding, Elizabeth Strom, the executrix of decedent’s will, has moved for summary judgment seeking an Order dismissing the objections filed against her accounting by Neva Strom, one of the named beneficiaries. The movant argues that the objectant does not raise any valid objections to her accounting, but rather, that fraud was possibly committed in the procurement of various insurance policies in the decedent’s name.

Summary judgment should be granted only where it is clear that no triable issue of fact exists (Matter of Goldberg, 180 AD2d 528). Initially, it is necessary for the movant to make a prima facie showing that he or she is entitled to summary judgment as a matter of law (Zuckerman v. City of New York, 49 NY2d 557). The objectant opposing summary judgment must then present affirmative proof that their claims are real and capable of being established at trial (Stainless, Inc. v. Employers Fire Ins., 69 AD2d 27). If there is any doubt as to the existence of a triable issue, the motion for summary judgment must be denied (Hantz v. Fishman, 155 AD2d 415).

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