In this contested probate proceeding, the Appellate Division, Second Department, in accordance with Horn Appellate Group’s arguments on appeal, reversed the Decree and denied the petitioner’s motion for summary judgment dismissing the “undue influence” objection to probate. In so holding, the appellate court found that there were triable issues of fact as to whether the petitioner, an attorney who had previously assisted the decedent in litigation, held a power of attorney for the decedent, and communicated directly with the drafter of the will, had a confidential relationship with the decedent and whether the execution of the will was the product of the petitioner’s undue influence.
