As 2023 came to an end, multiple decisions of interest were
rendered by the Appellate and Surrogate's Courts throughout
the state. Decisions addressed to such issues as the determination
of a claim against the estate, the criteria for a stay of
proceedings and summary judgment are discussed below.
Summary Judgment
Sustaining Claim Against Estate Affirmed
In Matter of Edelen, the Appellate Division, Second
Department, affirmed an order of the Surrogate's Court,
Orange County, which granted petitioner summary judgment against
the estate, determining that she was entitled to her claim for
insurance proceeds pursuant to her separation agreement with the
decedent.
The separation agreement at issue provided that the decedent
would maintain three life insurance policies in specified amounts
on his life, and name the petitioner as beneficiary in her capacity
as trustee for the parties' children until both were
emancipated. The agreement also required that the decedent
