Opinion
13152 File No. 1617/16A 1617/16BCase No. 2019–04713
02-16-2021
In the MATTER OF the ESTATE OF Norman L. PECK, Deceased. Liliane Peck, etc., Plaintiff–Respondent, v. Ian S. Peck et al., Defendants–Appellants.
Press Koral LLP, New York ( Matthew J. Press of counsel), for appellants. Farrell Fritz, P.C., Uniondale ( Eric W. Penzer of counsel), for respondent.
Press Koral LLP, New York ( Matthew J. Press of counsel), for appellants.
Farrell Fritz, P.C., Uniondale ( Eric W. Penzer of counsel), for respondent.
Manzanet–Daniels, J.P., Webber, Oing, Kennedy, JJ.
Order, Surrogate's Court, New York County (Nora S. Anderson, S.), entered on or about September 30, 2019, which granted plaintiff's motions to confirm the report of the Special Referee dated May 29, 2018, and for summary judgment in lieu of complaint, unanimously reversed, on the law, with costs, and the motions denied.
Plaintiff failed to establish her entitlement to summary judgment in lieu of complaint ( CPLR 3213 ) ( see Weissman v. Sinorm Deli, 88 N.Y.2d 437, 444, 646 N.Y.S.2d 308, 669 N.E.2d 242 [1996] ). The right to payment could not be ascertained solely from the face of the debt instruments. The 2014 and 2015 Notes and Guaranty set forth more than the simple promise to repay the loans, in that they referred to other documents with regard to events of default, such as the Pledge and Security Agreement and mortgage, and imposed other obligations on Ian Peck. Further, there is a triable issue of fact as to whether the manner of enforcement of the Notes and Guaranty was inextricably tied to decedent's testamentary plan and whether plaintiff violated his testamentary intent by filing the actions.