Summary Judgment

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WI Court of Appeals – District I

Case Name: Susan A. Krueger v. Gary Cembrowski

Case No.: 2021AP001096

Officials: White, C.J., Donald, P.J., and Dugan, J.

Focus: Summary Judgment

Gary Cembrowski appeals an order of the circuit court granting summary judgment in favor of his sister, Susan A. Krueger, and dismissing his objections to the probate of their father’s will and his claim against their father’s estate. On appeal, Gary argues that the circuit court improperly construed Susan’s motion to dismiss as a motion for summary judgment and improperly assessed the credibility of his affidavit in granting summary judgment for Susan. Gary ultimately failed to raise any triable issues of fact because he provides only conclusory allegations in response to Susan’s motion as opposed to admissible facts. Gary also argues that the circuit court erroneously dismissed his claim against the estate for being untimely. Ultimately, Gary provides only conclusory allegations and does not provide facts admissible in evidence that would prove any of the elements of his objections or claim. Affidavits in support of and in opposition to a motion for summary judgment “shall be made on personal knowledge and shall set forth such evidentiary facts as would be admissible in evidence.”

Affirmed.

Decided 08/08/23

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