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Appellate Division considered an allegation of undue influence. Niola v. Sarno, 939 N.Y.S.2d 553 (N.Y. App. Div. 2012)


Contested probate proceedings often unravel complex familial dynamics and legal intricacies, and the case at hand is no exception. In this case that was heard by the Surrogate’s Court, Kings County, the issue of fraud and undue influence in the execution of Maria Capuano’s will was at issue.

Undue influence in New York refers to a situation where an individual exerts improper and overwhelming pressure on a  testator, to the extent that it compromises the testator’s free will and independent decision-making regarding the distribution of their assets in a will. In probate cases, a claim of undue influence may arise when there are allegations that a person in a position of trust and confidence with the testator, such as a family member or caregiver, manipulated or coerced the testator into making specific provisions in their will that they may not have otherwise chosen.

To establish undue influence in New York, it must be demonstrated that the influence exerted amounted to a form of moral coercion, restraining the testator’s independent action and destroying their free agency. This could involve importunity that the testator could not resist, compelling them to make decisions against their true desires. The burden of proof typically rests on the party challenging the will, and they must provide clear and convincing evidence of the undue influence exercised during the testamentary process

Background Facts

Maria Capuano, a Brooklyn resident, succumbed to cancer during a visit to her family in Salerno, Italy, in 2002. The decedent, survived by her siblings in Italy, executed a will on April 9, 2002, bequeathing her estate to Nicola Sarno, a longtime acquaintance with familial ties through marriage to the decedent’s niece. The will also designated a friend and accountant as the executor, outlining a succession plan should Sarno predecease the decedent.


Did external forces manipulate the testamentary process, supporting allegations of fraud and undue influence?


The Surrogate’s Court, in a nuanced decision, granted the petitioner’s motion for summary judgment, dismissing objections to probate, with the exception of those related to fraud and undue influence. However, upon the petitioner’s renewed motion, the court reversed its stance, denying summary judgment on these remaining objections. This reversal prompted an appeal, ultimately resulting in the appellate court overturning the denial and granting summary judgment in favor of the petitioner.


Undue influence, a central theme in the objections, hinges on the assertion that external pressures coerced the decedent into a testamentary disposition contrary to her free will. The legal standard demands a showing of moral coercion, destroying free agency and compelling actions against the testator’s true desires. The burden of proof lay on the objectant, requiring clear and convincing evidence of undue influence.

The petitioner, Sarno, successfully established his entitlement to judgment, demonstrating that the decedent executed the will with a clear understanding and without succumbing to undue influence. Witnesses attested to the decedent’s mental acuity, challenging the notion that illness compromised her testamentary capacity. However, the court’s initial grant of summary judgment excluded fraud and undue influence objections, leaving a critical aspect unresolved.

Upon the petitioner’s renewed motion, the Surrogate’s Court, perhaps influenced by the gravity of the allegations, refrained from summarily dismissing the remaining objections. This shift hinged on the need for further discovery, underscoring the court’s commitment to a thorough examination of the circumstances surrounding the contested will.


The legal saga surrounding Maria Capuano’s estate underscores the complexity inherent in probate proceedings, particularly when allegations of fraud and undue influence emerge. While the initial grant of summary judgment provided a partial victory for the petitioner, the subsequent denial upon renewal injected uncertainty into the resolution of these objections. As legal battles of this nature unfold, the delicate balance between testamentary freedom and the need to safeguard against potential misconduct remains a pivotal consideration for the courts.

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