Legal Opinion

Crempa v. Oakley

New York Supreme Court

Decided January 3, 1958PublishedCited by 4 opinions

1Opinion of the CourtVincent A. Lupiano, J.

This is a motion by the defendants to dismiss the complaint for lack of jurisdiction or in the alternative that this court decline to entertain jurisdiction.

*584The questions to be determined are (1) whether this court has the jurisdiction to overrule a ruling of the Surrogate’s Court; (2) whether this court has jurisdiction over decedents’ estates; and (3) should this court exercise jurisdiction over a proceeding where the Surrogate’s Court has concurrent jurisdiction.

The facts are that the plaintiff alleges that he entered into an oral contract with the decedent in 1954 whereby they agreed to…

2Cases cited6 opinions

  1. In Re the Estate of MalloyNew York Court of Appeals · 1938
  2. Tutunjian v. VetzigianNew York Court of Appeals · 1949
  3. Barone v. Aetna Life InsuranceNew York Court of Appeals · 1933
  4. Noll v. RuprechtNew York Court of Appeals · 1940
  5. Noll v. RuprechtAppellate Division of the Supreme Court of the State of New York · 1939

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Dunham v. DunhamAppellate Division of the Supreme Court of the State of New York · 1972
  2. In re the Estate of HaasAppellate Division of the Supreme Court of the State of New York · 1969
  3. Gordon v. GordonAppellate Division of the Supreme Court of the State of New York · 1985
  4. In re the Estate of MoodyAppellate Division of the Supreme Court of the State of New York · 1958

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