Legal Opinion

In re Lee

Appellate Division of the Supreme Court of the State of New York

Decided June 20, 2012Published

1Opinion of the Court

In a probate proceeding in which an action pursuant to RPAPL article 15 to compel the determination of claims to real property was transferred from the Supreme Court, Queens County, to the Surrogate’s Court, Queens County, Shirley M. Kinard and Alisa Dawn Johnson appeal from an order of the Surrogate’s Court, Queens County (Kelly, S.), dated March 22, 2011, which granted Lois Rosenblatt’s motion pursuant to CPLR 3211 (a) (7) to dismiss the amended complaint.

Ordered that the order is reversed, on the law, with costs, and Lois Rosenblatt’s motion to dismiss the amended complaint is denied.

Accord…

2Cases cited14 opinions

  1. Leon v. MartinezNew York Court of Appeals · 1994
  2. Rovello v. Orofino Realty Co.New York Court of Appeals · 1976
  3. Belotti v. . BickhardtNew York Court of Appeals · 1920
  4. Walling v. PrzybyloNew York Court of Appeals · 2006
  5. Ray v. Beacon Hudson Mountain Corp.New York Court of Appeals · 1996

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