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In the Matter of the Estate of Seymour Halpern, Deceased. Adrienne Halpern et al., Respondents; Elizabeth Halpern, Appellant

New York Court of Appeals2011-02-22
16 N.Y.3d 777919 N.Y.S.2d 503944 N.E.2d 1142

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Opinion

majority opinion

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.