Firestone v. Saxton Products, Inc.

In a proceeding to discover property of the decedent pursuant to SCPA 2103, the appeal is from an order of the Surrogate’s Court, Rockland County (Brewster, S.), dated May 17, 1983, which denied appellant’s motion to dismiss the petition as time barred.

Order reversed, without costs or disbursements, and matter remitted to the Surrogate’s Court, Rockland County, for further proceedings consistent herewith.

Appellant filed its answer in the underlying proceeding on June 4, 1981, in which it raised the defense, inter alia, of the Statute of Limitations. Thereafter, it moved by order to show…