Legal Opinion
In re Norstar Trust Co.
Appellate Division of the Supreme Court of the State of New York
Decided July 10, 1987PublishedCited by 6 opinions
1Opinion of the Court
Order unanimously reversed on the law without costs, motion granted, and petition dismissed. Memorandum: The Surrogate erred in denying the motion to dismiss the petition. The proceeding is one seeking discovery and the recovery of money and other personal property pursuant to SCPA 2103. The petition alleges no fraud or other bad-faith conduct on the part of appellant nor does it allege the four requirements for the imposition of a constructive trust (see, Sharp v Kosmalski, 40 NY2d 119, 121).
A discovery proceeding commenced pursuant to SCPA 2103 has been likened to a replevin action, which…
2Cases cited3 opinions
- Sharp v. KosmalskiNew York Court of Appeals · 1976
- In the Estate of re LaflinNew York Surrogate's Court · 1985
- In re ReichAppellate Division of the Supreme Court of the State of New York · 1975
3Cited by6 opinions
- In re the Estate of WitbeckAppellate Division of the Supreme Court of the State of New York · 1997
- In re NeshewatAppellate Division of the Supreme Court of the State of New York · 1997
- In re LambAppellate Division of the Supreme Court of the State of New York · 1988
- In re the Estate of JacobsAppellate Division of the Supreme Court of the State of New York · 2006
- Matter of CourantAppellate Division of the Supreme Court of the State of New York · 2016
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