Matter of Halpern

Feb 22, 2011
89 SSM 2
Versions:16 NY3d 777
2011 NY Slip Op 01323

Decided February 22, 2011

Matter of Halpern, 76 AD3d 429, affirmed.

APPEARANCES OF COUNSEL

Duane Morris LLP, New York City (Thomas R. Newman of counsel), for appellant.

Cleary Gottlieb Steen & Hamilton LLP, New York City (Christopher P. Moore and Giannina Santo of counsel), for respondents.

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, and certified question not answered upon the ground that it is unnecessary. When viewed in its entirety, the testimony from the attesting witness is insufficient to create a triable issue of fact as to whether decedent‘s will was duly executed.

Concur: Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones.