In re the Estate of Casessa

Appellate Division of the Supreme Court of New York

In re the Estate of Casessa

298 A.D.2d 518, 748 N.Y.S.2d 515, 2002 N.Y. App. Div. LEXIS 9964

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 21, 2002

StatusPublished

This text of 298 A.D.2d 518 (In re the Estate of Casessa) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Estate of Casessa, 298 A.D.2d 518, 748 N.Y.S.2d 515, 2002 N.Y. App. Div. LEXIS 9964 (N.Y. Ct. App. 2002).

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Opinion

In a proceeding pursuant to SCPA 1809 to determine the validity of a claim against the estate of Anthony Casessa, also known as Anthony F. Casessa, John F. Casessa appeals from an order of the Surrogate’s Court, Kings County (Feinberg, S.), dated June 19, 2001, which granted the motion of Doreen Giordano Casessa for summary judgment dismissing his claim, and, in effect, denied his cross motion, inter alia, for leave to commence a proceeding pursuant to SCPA article 21.

Ordered that the order is affirmed, with costs.

After the petitioner made out her prima facie case for summary judgment dismissing the appellant’s claim pursuant to SCPA article 18, the claimant failed to come forward with evidentiary proof showing the existence of a triable issue of fact. Accordingly, the petitioner was properly granted summary judgment dismissing the appellant’s claim (see Alvarez v Prospect Hosp., 68 NY2d 320; Winegrad v New York Univ. Med. Ctr., 64 NY2d 851; Zuckerman v City of New York, 49 NY2d 557).

The appellant’s remaining contentions are without merit. Prudenti, P.J., Florio, Schmidt and Mastro, JJ., concur.

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In a proceeding pursuant to SCPA 1809 to determine the validity of a claim against the estate of Anthony Casessa, also known as Anthony F. Casessa, John F. Casessa appeals from an order of the Surrogate’s Court, Kings County (Feinberg, S.), dated June 19, 2001, which granted the motion of Doreen Giordano Casessa for summary judgment dismissing his claim, and, in effect, denied his cross motion, inter alia, for leave to commence a proceeding pursuant to SCPA article 21.

Ordered that the order is affirmed, with costs.

After the petitioner made out her prima facie case for summary judgment dismissing the appellant’s claim pursuant to SCPA article 18, the claimant failed to come forward with evidentiary proof showing the existence of a triable issue of fact. Accordingly, the petitioner was properly granted summary judgment dismissing the appellant’s claim (see Alvarez v Prospect Hosp., 68 NY2d 320; Winegrad v New York Univ. Med. Ctr., 64 NY2d 851; Zuckerman v City of New York, 49 NY2d 557).

The appellant’s remaining contentions are without merit. Prudenti, P.J., Florio, Schmidt and Mastro, JJ., concur.

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Bluebook (online)

298 A.D.2d 518, 748 N.Y.S.2d 515, 2002 N.Y. App. Div. LEXIS 9964, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-casessa-nyappdiv-2002.

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