Opinion
2003-00205.
Decided December 15, 2003.
In a proceeding to settle the account of the executor, Craig J. Lucia, the objectant, Barbara Lucia, appeals, as limited by her brief, from so much of an order of the Surrogate's Court, Nassau County (Riordan, S.), dated November 22, 2002, as granted those branches of the executor's motion which were for summary judgment dismissing objection nos. 1, 2, 6, and 7.
Solomon Richman Greenberg, P.C., Lake Success, N.Y. (Theodore C. Richman and Sandra Aung of counsel), for appellant.
Forchelli, Curto, Schwartz, Mineo, Carlino Cohn, LLP, Mineola, N.Y. (Richard A. Blumberg of counsel), for respondent.
Before: BARRY A. COZIER, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs payable by the appellant personally.
In response to the appellant's objections to the accounting, the executor made a prima facie showing of entitlement to judgment as a matter of law, offering sufficient evidence to demonstrate the absence of any material issue of fact as to whether the testator revoked the testamentary disposition of shares in a closely-held corporation by entering into an agreement to sell the shares back to the corporation ( see Alvarez v. Prospect Hosp., 68 N.Y.2d 320; Winegrad v. New York Univ. Med. Ctr., 64 N.Y.2d 851; see also EPTL 3-4.2; Matter of Call, 65 Misc.2d 751; Matter of Jakubowicz, 71 Misc.2d 840; cf. Matter of Powers, 166 A.D.2d 534). In opposition, the appellant failed to establish the existence of a triable issue of fact ( see Zuckerman v. City of New York, 49 N.Y.2d 557).
The appellant's remaining contentions are without merit.
LUCIANO, J.P., SCHMIDT, COZIER and RIVERA, JJ., concur.