From Casetext: Smarter Legal Research

Johnson v. Farina (In re Estate of Giaquinto)

Court of Appeals of New York.
Feb 14, 2019
32 N.Y.3d 1180 (N.Y. 2019)

Opinion

No. 34 SSM 26

02-14-2019

In the MATTER OF the ESTATE OF Edward V. GIAQUINTO, Deceased. Cynthia A. Johnson, Respondent, v. Joann Farina, Appellant. (And Another Related Proceeding.)

Parisi, Coan & Saccocio, PLLC, Schenectady (Gerard F. Parisi of counsel), for appellant. Couch White, LLP, Albany (Donald J. Hillmann of counsel), for respondent.


Parisi, Coan & Saccocio, PLLC, Schenectady (Gerard F. Parisi of counsel), for appellant.

Couch White, LLP, Albany (Donald J. Hillmann of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.On review of submissions pursuant to section 500.11 of the Rules, order, insofar as appealed from, affirmed, with costs. In response to petitioner's prima facie showing of entitlement to summary judgment on the issue of testamentary capacity, respondent failed to raise a triable issue of fact.

Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia, Wilson and Feinman concur.


Summaries of

Johnson v. Farina (In re Estate of Giaquinto)

Court of Appeals of New York.
Feb 14, 2019
32 N.Y.3d 1180 (N.Y. 2019)
Case details for

Johnson v. Farina (In re Estate of Giaquinto)

Case Details

Full title:In the MATTER OF the ESTATE OF Edward V. GIAQUINTO, Deceased. Cynthia A…

Court:Court of Appeals of New York.

Date published: Feb 14, 2019

Citations

32 N.Y.3d 1180 (N.Y. 2019)
94 N.Y.S.3d 244
118 N.E.3d 906

Citing Cases

Sobel v. Falkowsky (In re Falkowsky)

The burden shifts to the beneficiary to show the absence of undue influence in the event that there is a…

Lowrey v. Lowrey

In response, respondent conceded that there was no proof of improper execution, and her attempts to raise…