ESTATE OF SHIRLEY GROSSMAN, Deceased

ESTATE OF SHIRLEY GROSSMAN, Deceased (15/205/A) — In this pending proceeding seeking, inter alia, a construction of a codicil dated December 22, 2010, which was admitted to probate on March 9, 2015 together with the decedent's will dated October 2, 2007, the objectant, the decedent's former health care attendant, moves, pursuant to CPLR 3212, for summary judgment, inter alia; (1) dismissing the construction proceeding; (2) directing the executors to restore the condominium apartment unit in controversy to the status as a two bedroom, two bath unit by performing some alleged minor construction work, and/or permitting the movant to do so; and, (3) directing the executors "to pay the amounts remaining due" to the objectant "for work on the decedent's apartment 8L, following the decedent's death, in the total amount of $14,000". The petitioning executors, two nephews of the decedent, oppose the motion and cross-move, pursuant to CPLR 3212, for declaratory judgment that in the 2010 codicil, the decedent intended that the objectant was to inherit a one bedroom, one bathroom unit, and a decree ordering the objectant to permit access by personnel retained by the executors for the purpose of gathering information necessary to correct the public records for the unit in controversy.

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ESTATE OF SHIRLEY GROSSMAN, Deceased (15/205/A) — In this pending proceeding seeking, inter alia, a construction of a codicil dated December 22, 2010, which was admitted to probate on March 9, 2015 together with the decedent’s will dated October 2, 2007, the objectant, the decedent’s former health care attendant, moves, pursuant to CPLR 3212, for summary judgment, inter alia; (1) dismissing the construction proceeding; (2) directing the executors to restore the condominium apartment unit in controversy to the status as a two bedroom, two bath unit by performing some alleged minor construction work, and/or permitting the movant to do so; and, (3) directing the executors “to pay the amounts remaining due” to the objectant “for work on the decedent’s apartment 8L, following the decedent’s death, in the total amount of $14,000″. The petitioning executors, two nephews of the decedent, oppose the motion and cross-move, pursuant to CPLR 3212, for declaratory judgment that in the 2010 codicil, the decedent intended that the objectant was to inherit a one bedroom, one bathroom unit, and a decree ordering the objectant to permit access by personnel retained by the executors for the purpose of gathering information necessary to correct the public records for the unit in controversy.

The decedent died on January 6, 2015 and her sole distributee, her daughter, is the sole testamentary beneficiary under the will. The objectant is the only beneficiary under the codicil, although her surname is spelled somewhat differently therein. The only dispositive provision in the codicil is the subject of this construction proceeding and it provides as follows:

ESTATE OF SHIRLEY GROSSMAN, Deceased

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