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MATTER OF NEUMANN

File No. 4105/16. Appeal No. 16661. Case No. 2022-01665.

210 A.D.3d 492 (2022)

179 N.Y.S.3d 5

2022 NY Slip Op 06424

In the Matter of Dolores Ormandy Neumann, Deceased. Belinda Neumann Donnelly, Appellant-Respondent, v. Hubert G. Neumann et al., Objectants-Respondents-Appellants, et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided November 15, 2022.

Attorney(s) appearing for the Case

Greenfield Stein & Senior, LLP, New York (Gary B. Freidman of counsel), for appellant-respondent.

Farrell Fritz, P.C., Uniondale (John R. Morken of counsel), for Hubert G. Neumann, respondent-appellant.

Novick & Associates, P.C., Huntington (Donald Novick of counsel), for Mellissa Neumann, respondent-appellant.

Concur—Manzanet-Daniels, J.P., Webber, Mazzarelli, Friedman, Shulman, JJ.

Order, Surrogate's Court, New York County (Rita Mella, S.), entered March 30, 2022, which, insofar appealed from as limited by the briefs, granted petitioner's motion for summary judgment dismissing the objections based on lack of testamentary capacity and due execution but denied the motion as to undue influence, confidential relationship, and constructive fraud, unanimously affirmed, without costs.

The affidavits of the witnesses to the will, attesting to decedent...

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