Narrative Opinion Summary
Paul Zimmer appealed an order from the Surrogate's Court of Monroe County, which was decided on October 9, 2018. The order granted summary judgment in favor of James K. Zimmer, the executor of the estate of Roberta June Zimmer, thereby dismissing the complaint filed by Paul Zimmer. The Appellate Division, Fourth Department, affirmed the Surrogate's Court's decision without costs on March 13, 2020. The case was represented by Trevett Cristo P.C. for the plaintiff-appellant and Woods Oviatt Gilman LLP for the defendant-respondent. The opinion is noted as uncorrected and subject to revision before publication in the Official Reports.
Legal Issues Addressed
Appellate Review of Lower Court Decisionssubscribe to see similar legal issues
Application: The Appellate Division reviewed and affirmed the decision of the Surrogate's Court, showing the appellate court's role in evaluating the correctness of legal rulings made by lower courts.
Reasoning: The Appellate Division, Fourth Department, affirmed the Surrogate's Court's decision without costs on March 13, 2020.
Summary Judgmentsubscribe to see similar legal issues
Application: The Appellate Division affirmed the granting of summary judgment, which indicates that there were no genuine issues of material fact requiring a trial, and the executor was entitled to judgment as a matter of law.
Reasoning: The order granted summary judgment in favor of James K. Zimmer, the executor of the estate of Roberta June Zimmer, thereby dismissing the complaint filed by Paul Zimmer.
Uncorrected Judicial Opinionssubscribe to see similar legal issues
Application: The opinion was noted as uncorrected and subject to revision, which affects its use as precedent until officially published.
Reasoning: The opinion is noted as uncorrected and subject to revision before publication in the Official Reports.