In re Estate of Dugan

In a proceeding pursuant to EPTL 11-4.6 for leave to execute upon a judgment recovered against an estate, the appeal is from an order of the Surrogate’s Court, Rockland County (Weiner, S.), dated December 15, 1987, which dismissed the counterclaims asserted in the estate’s answer.

Ordered that the order is affirmed, with costs payable to the respondent out of the estate.

Contrary to the appellant administrator’s contention, the Surrogate’s Court properly dismissed the counterclaims which challenged the validity of a default judgment procured by the petitioner in the Superior Court of the State…