In re the Estate of Palega

Frankenthaler, S.

In this discovery proceeding the administratrix seeks to recover the assets of a window cleaning business. Respondent, son of decedent, claims title as surviving partner to one half of such property. Respondent’s defense of loches is dismissed.

The certified copy of the certificate of partnership filed pursuant to section 440 of the Penal Law raises the presumption that decedent and respondent became partners as of March 5, 1953 (Penal Law, § 440, subd. 6). This presumption was not overcome by the proof offered at the hearing. As a result there is no jurisdiction in this court…