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Matter of the Estate of Goldstein

Petitioners Granted Dismissal of All But Objection as To Undue Influence

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*1  Selma Goldstein (hereinafter “Decedent”), died on August 7, 2015 a domiciliary of Richmond County. In this contested probate proceeding of a will dated September 22, 2010, Decedent’s daughters Joanne Dillon and Ellen Goldfarb (hereinafter “Proponents”), move for summary judgment dismissing the objections filed by the Decedent’s son, William Goldstein (hereinafter “Objectant”). The objections allege lack of due execution, lack of testamentary capacity, fraud and undue influence. Summary judgment should be granted only where it is clear that no triable issue of fact exists (Matter of Goldberg, 180 AD2d 528 [App Div 1st Dept 1992]). 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 [1980]). 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 [1979]). 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 [App Div 2d Dept 1989]).

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