In re the Estate of Tuitt

S. Samuel Di Falco, S.

This is an application by the administratrix under section 205 of the Surrogate’s Court Act for an order requiring the respondent to submit to examination in discovery concerning the collection by her of rents from tenants occupying rooms in premises which the petitioner alleges belonged to the deceased. The record owner of the property in question is revealed to be the respondent against whom the petitioner has previously instituted an action in the Supreme Court, New York County for judgment adjudicating “ that title to said property is in the name of James Martin…