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Probate Proceeding, Will of SUSIE CONGEDO, a/k/a ASSUNTA CONGEDO, Deceased.

Probate Proceeding, Will of SUSIE CONGEDO, a/k/a ASSUNTA CONGEDO, Deceased. File #: 2012-220, Dated: 9/30/2014; Bracken Margolin Besunder LLP (Attorneys for Movant); Haley Weinblatt & Calcagni, LLP (Attorneys for Respondent)—

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Probate Proceeding, Will of SUSIE CONGEDO, a/k/a ASSUNTA CONGEDO, Deceased. File #: 2012-220, Dated: 9/30/2014; Bracken Margolin Besunder LLP (Attorneys for Movant); Haley Weinblatt & Calcagni, LLP (Attorneys for Respondent)—

In this contested probate proceeding, an instrument dated March 28, 2011, was offered for probate as the last will and testament of the above named decedent by Susanne Capra (“Capra”), decedent’s daughter and the executrix nominated therein. Objections to probate were filed by Linda Franey (“Franey”), decedent’s granddaughter, a distributee of decedent. A jury trial was held and a verdict was returned in favor of objectant, holding that the will was procured by the undue influence exerted by Capra and/or her husband, Joseph Capra. Capra now moves for an order (1) dismissing Franey’s objections; (2) directing judgment pursuant to CPLR 4401 in her favor; and (3) setting aside the jury’s verdict pursuant to CPLR 4404 and granting a judgment in Capra’s favor notwithstanding the verdict. For the reasons set forth below, Capra’s motion is denied in its entirety.

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